Introduction
In 1998, the Australian Human Rights Commission’s predecessor, the Human Rights and Equal Opportunity
Commission, reported that ‘[immigration] detention is especially undesirable for vulnerable people such as
single women, children, unaccompanied minors and those with special medical or psychological needs’.1 The
Commission in subsequent decades has continued to monitor Australia’s use of immigration detention and
undertaken targeted monitoring and reporting on these and other particular cohorts of people in detention.2
The experience of women in immigration detention has seldom featured as a distinct area of focus in
the Commission’s inspection reporting (with the notable exception of pregnant women and mothers3).
This omission is not exclusive to the Commission’s immigration detention monitoring work; the published
monitoring reports of the Commonwealth Ombudsman have also, until recently,4 only infrequently focused on
the specific experiences and needs of women in detention.5
This absence of focused reporting on women in immigration detention is not unique to Australia. The United
Nations Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (UN SPT) has identified that across the globe, gender-specific perspectives on torture and illtreatment have not been adequately discussed and the particular risks of ill-treatment and torture faced by
women in detention have received limited attention.6
The United Nations Special Rapporteur on the Human Rights of Migrants has reported that ‘[t]he specific
situations, demands, views and needs of migrant women in detention are often unmet…’7. Further, the United
Nations Special Rapporteur on Torture and Other Cruel Inhuman or Degrading Treatment or Punishment (UN
Special Rapporteur on Torture) has explained that women’s needs in detention often go unnoticed and unmet
because detention and detention regimes ‘are typically designed for men’.8
While recognising that women make up only a small percentage of those detained in immigration detention
globally, The United Nations Special Rapporteur on Violence Against Women and Girls, its Causes and
Consequences (UN Special Rapporteur on Violence Against Women) has reported that:
Women migrants held in immigration detention are subject to similar conditions as incarcerated women,
including sexual and physical violence, violations of privacy and inadequate health care. The lack or
inadequacy of interpretation and translation services may make it difficult or even impossible for women
foreign nationals to make complaints or object to abuses. Cultural differences can also exacerbate these
problems, especially where women migrants are used to complying unquestioningly with the demands
of men or individuals in authority.9
Against this context, it is important to emphasise that the United Nations Committee on the Elimination of
Discrimination against Women (UN CEDAW Committee) has declared that the failure of detention facilities
to meet the specific needs of women may constitute discrimination within the meaning of the Convention
on the Elimination of All Forms of Discrimination against Women (CEDAW).10
In their academic research on immigration detention, Esposito and Bosworth (2024) note that women have
been ‘overlooked and invisibilised’.11 Esposito et al (2022) contend that empirical studies have rarely focused
on the specific experiences of women.12 Nevertheless, the existing qualitative research stresses that women
in immigration detention face particular challenges and present gender-specific needs, vulnerabilities, and
resiliencies. Most women in these studies reported experiences of gendered violence, including sexual,
domestic or reproductive violence.13 Notwithstanding this reporting within academic writing, Esposito and
Bosworth (2024) have also said that overall, women find it extremely difficult to disclose their experiences
of victimisation to immigration authorities, particularly inside detention centres.14
Introduction
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