Lenahan (Gonzales) et al. v. United States

The Gonzales decision offers a concrete application of the due diligence standard in the context of domestic violence. Lenahan petitioned the Commission following the murders of her three minor daughters by her estranged husband. She alleged violations of her rights based on the failure of the police to respond to her calls on the night of the murders, and the failure to investigate the circumstances of the deaths, including possible errors by the police that may have contributed to the deaths. This case is particularly noteworthy for its canvassing of the international bodies' positions on the due diligence standard, which the Commission adopts and applies in this case. The Commission's analysis is also noteworthy for the emphasis placed on the existence of a restraining order as providing notice of danger to the State, as well as its discussion of the concrete steps that the police should have taken. The Commission re-iterated that a State's failure to act with due diligence to protect women from violence constitutes a form of discrimination, and that this responsibility extends to preventing, prosecuting and sanctioning acts of violence committed by private actors. The Commission held that in this case, the United States failed to exercise due diligence to protect Lenahan and her children from domestic violence, and was thus in violation of its obligations under the American Declaration on the Rights and Duties of Man, namely the rights to equal protection before the law (Article II), life (Article I), special protection as girl children (Article VII) and judicial protection (Article XVIII).