Emory International Law Review

Volume 33Issue 2

Iraqi Women as Legally Vulnerable Subjects: Applying Gender-Mainstreaming and Vulnerability Theory in the Post-Conflict Iraqi State

Jenna Breslin | 33 Emory Int'l L. Rev. 259 (2019)

Despite U.N.S.C.R 1325 being hailed as a momentous breakthrough for women in international law, such post-conflict reconstruction policies that rely on injecting women into the peacemaking process to achieve gendered equality prove ineffective and dangerous when applied to foreign nations torn apart by war. In the context of post-conflict Iraq, Resolution 1325 not only rendered Iraqi women more vulnerable as symbols of western invasion but failed to address the crumbling state infrastructure that left women without electricity, clean drinking water, employment, food, and security. This Comment argues that the “add women and stir” equality of Resolution 1325 must be abandoned in favor of reconstruction following Martha Fineman’s Vulnerability Theory. Vulnerability Theory focuses instead on rebuilding the political, economic, and social infrastructure of the post-conflict state, ameliorating the conditions that exacerbate vulnerability, recognizing that poverty, diminished access to life-saving resources, unemployment, and insecurity intersect with gender to perpetuate suffering and violence.

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The United States’ Convention Against Torture RUDs: Allowing the Use of Solitary Confinement in Lieu of Mental Health Treatment in U.S. Immigration Detention Centers

Erika Voreh | 33 Emory Int'l L. Rev. 287 (2019)

Currently in civil immigration detention centers around the United States, the practice of placing detained immigrants who are mentally ill is allowed by U.S. Immigration and Customs Enforcement. In some detention centers, placement into solitary confinement is now the main form of psychological “treatment.” Solitary confinement can have negative psychological effects especially for individuals with mental illness. Other international bodies, including the European Court of Human Rights, have acknowledged the harmful effects of solitary confinement. This Comment focuses on decisions by the European Court of Human Rights as to what constitutes torture. This Comment argues that placing detained immigrants who are mentally ill into solitary confinement constitutes torture, however, because the U.S.’s interpretation of torture is much narrower than other international bodies there is still a long journey to achieve the prohibition of this shameful practice in the United States.

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