Domestic Violence and the Inter-American Commission on Human Rights: Jessica Lenahan (Gonzales) v United States

This article analyzes the decision by the Inter-American Commission on Human Rights in the case of Jessica Lenahan (Gonzales) v United States. Of particular concern is the responsibility of the state to provide adequate protection for victims of domestic violence. Specifically, this case involved a Colorado police department ignoring a womans reports of domestic violence, culminating in a shoot-out with police and the deaths of the plaintiffs three children. The author notes the influence of the European Court of Human Rights and the seeming contradiction between that courts ruling and traditional holdings by the United States Supreme Court concerning positive duties on the state to prevent human rights violations. The author finds the case highly significant for future applications of human rights law in domestic violence situations in the US, as it holds that the state has a role to play in protecting human rights in a private arena and that the US was in violation of human rights standards on the facts of this case.

Onagh McQuigg JA Domestic Violence and the Inter-American Commission on Human Rights: Jessica Lenahan (Gonzales) v United States (2012) 12 HRL Rev 122.