International Human Rights Tribunal to Hear Jessica Lenahan Case
U.S. Supreme Court Previously Ruled Woman Had No Constitutional Right to Protection from Domestic Violence
Lenahan had a restraining order barring her estranged husband from the children, however police officers refused to enforce the order. The act was not limited to individual officers, as Lenahan called authorities multiple times and each time was refused assistance. Lenahan's estranged husband soon drove to the police station and opened fire, causing officers to return fire and kill him. Upon searching his vehicle, the officers discovered Lenahan's three little girls dead in the back of the truck. Rebecca, Katheryn, and Leslie ages 10, 8, and 7 respectively had been murdered by their father.
Lenahan later sued the police, but the Supreme Court declined to take her case claiming that abused women had no constitutional right to protection from domestic violence in the form of enforcement of a legal restraining order. Refusing to take the decision lying down, Lenahan took her case to the Inter-American Human Rights Tribunal. The Tribunal recently ruled that the United States has an obligation to protect its citizens from domestic violence under the American Declaration on the Rights and Duties of Man.
Due to this determination the tribunal decided to take Lenahan's case. The tribunal will determine if the United States violated Lenahan's and her daughters rights to "life, non-discrimination, family life/unity, due process, and to petition the government, as well as the rights of domestic violence victims and their children to special protections."
The American Civil Liberties Union was thrilled with the decision. The director of the ACLU Women's Rights Project, Lenora Lapidus, had this to say about the tribunal's determination: "This is a historic decision. It sends the message, loud and clear, that the United States is subject to and must enforce the international legal protections of victims of domestic violence. The IACHR's ruling will help victims of domestic violence across the Americas. They now can seek redress for abuse when their own countries' police departments and government agencies fail to help them."
An attorney with the ACLU Human Rights Program, Steven Watt, commented further: "We couldn't have hoped for a better decision. We are optimistic that the Inter-American Commission will finally bring justice Lenahan and her little girls."
Lenahan has become a symbol for abused women, who are often overlooked or outright neglected by law enforcement agencies.
Published by A. Kairi
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1 Comments
Post a CommentSounds like there's something missing from this story. Curious as to why none of the police would enforce the order? Also curious as to basis of Supreme Court decision and whether she had any statutory right to enforcement? This just seems strange to me and suggests that maybe the issue now is whether she is owed any recompense rather than whether there was a duty in the first instance.