In 1999 the US Government failed to enforce a restraining order against an estranged and abusive husband. Subsequently, the couple's daughters were found dead with gunshot wounds in the back of the husband's truck. The Inter-American Commission on Human Rights has ruled that the United States violated international obligations on domestic violence.
“The commission’s decision affirms that
the government’s responsibility to protect
families from abuse amounts to more than
issuing a piece of paper,” said Meghan
Rhoad, women’s rights researcher at
Human Rights Watch. “A restraining
order to prevent this kind of horrific
violence is meaningless if a woman calls
the police seven times and her calls go
unheeded.”
Jessica Lenahan called the police 7 times over 7 hours after her estranged husband abducted the couple's 3 daughters. Despite the fact that Lenahan had a restraining order against him the police took no action to enforce it. Early the following morning, Simon Gonzales drove up to the police station in his pickup truck and began shooting. The police shot back, killing him. Police then found the slain bodies of the three girls in the back of the truck. After reviewing the case, the Inter-America commission found that the US failed to act with due diligence to protect Lenahan and her daughters from domestic violence, violating the American Declaration of the Rights and Duties of Man, which provides protections against gender discrimination and equal protection before the law. The government’s failures also violated the daughters’ right to life and Lenahan’s right to judicial protection, the commission said. In addition to recommending a thorough investigation of the Colorado case and reparations for Lenahan, the commission outlined specific steps the government should take to meet its human rights obligations including making enforcement of protection orders mandatory, adopting legislation with protection measures for children in domestic violence situations, and undertaking training programs for public officials on domestic violence prevention and response. Before it was heard by the commission, the case was presented before the US Supreme Court, which ruled in June 2005 that Lenahan did not have a constitutional right to the enforcement of the restraining order.