Annotation:
This legal brief was prepared for the United States Supreme Court by the
International Women's Human Rights Law Clinic of the City University of
New York and the Center for Constitutional Rights. The brief was prepared on
behalf of international law scholars and human rights experts and concerns the
United States' Congress power to enact the Violence Against Women Act
(VAWA) as fundamental to fulfilling the United States' commitments under
international law. Three main international law arguments are advanced. First,
"the International Covenant on Civil and Political Rights requires the United
States to provide protection from gender-based violence from both private
persons and public officials." Second, "the emergence in customary
international law of a clear norm recognizing women's right to live free of
gender-based violence" provides additional support for Congressional action.
Third, "it is well settled and fundamental to the [United States] constitutional
system that, whenever possible, domestic law should be interpreted so as to
enable the [United States] to fulfill its international obligations." Professor
Cathy Albisa was lead attorney in the case, Professor Rhonda Copelon,
Director of the International Human Rights Law Clinic, co-authored it, while
Jenny Green and Peter Weiss represented the Center for Constitutional Rights.