United States (2005), Inter-American Commission on Human Rights

United States (2005), Inter-American Commission on Human Rights

Jessica Gonzales et al. v. United States of America
Case 1490-05, Report No. 52/07, Inter-Am. C.H.R., OEA/ Ser.L/ V/II.130 Doc. 22, rev. 1 (2007)

Jessica Gonzales' three children were killed when local police failed to enforced a restraining order against her estranged husband. The Supreme Court of the United States ruled that no affirmative duty exists on the part of the government to enforce a protective order. In a bold move, she took the case to the IACHR which returned an admissibility decision and affirmed her assertion that she had exhausted all domestic avenues in her search for justice.

“The Commission concludes that it has the competence to examine the Petitioners’ allegations and that the petition is admissible for the alleged violation of Articles I, II, V, VI, VII, XVIII, and XXIV of the American Declaration and in the accordance with the Commission’s Rule of Procedure.”(Quoted form Original Judgment)

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