Download this Paper Open PDF in Browser

Jessica Gonzales v. United States: An Emerging Model for Domestic Violence & Human Rights Advocacy in the United States

14 Pages Posted: 21 Feb 2008 Last revised: 20 Mar 2011

Caroline Bettinger-Lopez

University of Miami - School of Law

Date Written: March 18, 2011

Abstract

In 2007, the Inter-American Commission on Human Rights (the Commission) declared in a landmark admissibility decision that it had competence to examine the human rights claims of Jessica Gonzales, a domestic violence survivor from Colorado whose three children were killed when local police failed to enforce a restraining order against her estranged husband. Jessica Gonzales v. United States marks the first time the Commission has been asked to consider the nature and extent of the U.S.'s affirmative obligations to protect individuals from private acts of violence under the American Declaration on the Rights and Duties of Man (American Declaration or Declaration). The Commission's admissibility decision rejects the U.S. State Department's position that the Declaration, which does not explicitly articulate state obligations vis a vis the rights contained therein, does not create positive governmental obligations. Instead, the decision holds the U.S. to well-established international standards on state responsibility to exercise due diligence to prevent, investigate, and punish human rights violations and protect and compensate victims.

The Commission will next decide, in the merits phase of the case, whether the U.S. violated the human rights of Jessica Gonzales and her children. The merits decision, anticipated in 2008, will have profound consequences for Ms. Gonzales on a personal level. It also has the potential to expand international human rights norms and spur systemic reforms in law and policy in the U.S.

Keywords: Jessica Gonzales, domestic violence, international human rights, United States, women's rights, Columbia Law School

JEL Classification: K33

Suggested Citation

Bettinger-Lopez, Caroline, Jessica Gonzales v. United States: An Emerging Model for Domestic Violence & Human Rights Advocacy in the United States (March 18, 2011). Harvard Human Rights Journal, Vol. 21, 2008. Available at SSRN: https://ssrn.com/abstract=1095734

Caroline Bettinger-Lopez (Contact Author)

University of Miami - School of Law ( email )

P.O. Box 248087
Coral Gables, FL 33146
United States
305-284-5923 (Phone)

HOME PAGE: http://www.law.miami.edu/facadmin/cbettinger-lopez.php

Paper statistics

Downloads
392
Rank
61,497
Abstract Views
4,257