Human Rights Petition Declared Admissible

Human Rights Petition Declared Admissible
Jessica Gonzales v. United States of America
 

 

Press Contact:  Erin St. John Kelly
Office 212-854-1787;  Cell:  646-284-8549
 
Oct. 9, 2007 (NEW YORK) – Jessica Lenahan, formerly Gonzales, whose three daughters were killed when local police refused to enforce a restraining order against her former husband, had a crucial win in her case Friday at the Inter-American Commission on Human Rights, as it released a report declaring Ms. Gonzales’ petition “admissible.” The U.S. Supreme Court rejected Ms. Gonzales’ claims in a 7 to 2 decision in 2005. 
 
“This is the best decision we could have hoped for,” said Caroline Bettinger-López of Columbia Law School’s Human Rights Clinic, who represents Gonzales. “A new legal avenue has been established today. It opens a door for domestic violence victims in search of vindication, whose legal options have recently been limited by harsh court rulings in the United States.” , who represents Gonzales. “A new legal avenue has been established today. It opens a door for domestic violence victims in search of vindication, whose legal options have recently been limited by harsh court rulings in the United States.”
 
Jessica Gonzales v. United States of America marks the first time an individual complaint by a victim of domestic violence has been brought against the United States for international human rights violations. “The decision today indicates that countries in the Americas, including the U.S., are responsible under the American Declaration on the Rights and Duties of Man for protecting victims from private acts of violence. This is the first time that the Commission has ever made such a pronouncement,” said Bettinger- López.
 
In 1999, Jessica Gonzales filed a lawsuit against the Castle Rock (Colo.) Police Department for failing to respond to her cries for help after her husband abducted the children, despite the fact that she had an order of protection against him. In June 2005, the U.S. Supreme Court found that Ms. Gonzales had no constitutional right to police enforcement of her restraining order. In December 2005, she filed a petition with the Inter-American Commission on Human Rights, saying that the inaction of the police and the Supreme Court’s decision violated her human rights. that Ms. Gonzales had no constitutional right to police enforcement of her restraining order. In December 2005, she filed a petition with the Inter-American Commission on Human Rights, saying that the inaction of the police and the Supreme Court’s decision violated her human rights.
 
“I have been waiting for justice for my children’s deaths for over eight years,” said Gonzales. “Finally, I have hope that an official body will finally say that what happened was wrong.”
 
Caroline Bettinger-López, Peter Rosenblum, and Cynthia Soohoo of Columbia Law School’s Human Rights Clinic and Steven Watt, Lenora Lapidus, Emily Martin, and Araceli Martinez-Olguin from the American Civil Liberties Union represent Ms. Lenahan (Gonzales).
 
For more details or to speak with Jessica Lenahan (Gonzales), contact Caroline Bettinger-López at [email protected] or 212-854-8364 or 212-854-8364.   or 212-854-8364 or 212-854-8364.  
 
 
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