This Wednesday, October 22, at lunchtime in Room IV, four Law School student organizations – the Human Rights Law Society, the Immigration Law Society, the Law Women’s Caucus, and the Domestic Violence Project – present the International Human Rights Clinic’s Caroline Bettinger-Lopez speaking on “Jessica Lenahan (Gonzales) v. United States: Reframing Domestic Violence as a Human Rights Violation”. Ms. Bettinger-Lopez was one of the ACLU attorneys who presented a petition to the Inter-American Commission on Human Rights (IACHR) against the U.S. government on behalf of Jessica and her deceased daughters on December 27, 2005 (see Merits Report 80/11, Case 12.626, July 21, 2011).
According to an IACHR press release:
“Jessica Lenahan, a victim of domestic violence along with her daughters Leslie, Katheryn and Rebecca Gonzales, ages 7, 8 and 10, obtained a restraining order against her ex-husband from the Colorado Courts in May 21, 1999. Not knowing the whereabouts of her daughters, Jessica Lenahan had eight contacts with the Castle Rock Police Department during the evening of June 22, 1999 and the morning of June 23, 1999. In each of her telephone calls and discussions with the police agents, she requested efforts to locate her daughters and she informed them that she possessed a protection order against Simon Gonzales. Her contacts were met with a police response that was fragmented, uncoordinated and unprepared, and it did not respect the terms of the restraining order. That morning, Simon Gonzales drove his pick-up truck to the Castle Rock Police Department and fired shots through the window. There was an exchange of gunfire with officers from the station in the course of which he was fatally wounded and killed. The deceased bodies of the three girls were found in his truck.”
Ms. Bettinger-Lopez/IHR Clinic will also be attending the IACHR hearing (follow-up on recommendations) on the Jessica Lenahan (Gonzales) case this Monday, October 27, 2014. [UPDATE: Hearing at 10:15 a.m. EDT; International Human Rights Clinic to Appear Before the Inter-American Commission on Human Rights (Law School, October 23, 2014)]
The Jessica Lenahan (Gonzales) et. al. v. United States of America case is an example of using the Inter-American human rights system to advocate for U.S. citizens. Researchers looking for the jurisprudence of the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights use a variety of sources to access these cases. Locating IACHR & IACtHR decisions by a topic or specific right can be difficult. In that regard, the recent launch by Loyola of Los Angeles Law School of the Inter-American Court of Human Rights Database is a welcome addition to available online resources. The IACHR Project describes its database as follows:
“This freely-available database produced by the editors and staff of the IACHR Project under the supervision of Professor Cesare Romano allows users to search Inter-American Court decisions by case name, country, and topic. Advanced search features include the ability to search by specific violation of various Inter-American Conventions.
Search results include a brief description of the case, information on judges, and violations found by the Inter-American Court. When available, the database includes a link to a detailed case summary which includes case facts, procedural history, merits, and state compliance with the Inter-American Court’s judgment. To date, 74 detailed case summaries are available.”
Existing resources before this IACHR database including browsing the Commission and Court’s own websites, searching the IACHR-OAS database in WestlawNext (has Basic Documents Pertaining to Human Rights in the Inter-American System and the Commission’s annual reports), checking the print volumes of the Inter-American Yearbook on Human Rights = Anuario interamericano de derechos humanos, and the following online resources:
- Buscador Jurídico ; Jurisprudence Finder (Inter-American Court of Human Rights)
- ESCR-Net Caselaw Database
- vLex Global–>International Law–>Case Law–>Corte Interamericana de Derechos Humanos
- Justis’ International Law Reports (ILR)
- Oxford Reports on International Law (ORIL): International Law in Domestic Courts (ILDC)
- Inter-American Court of Human Rights Digest Project (in Spanish)
- University of Minnesota Human Rights Library–> IACtHR
- The Landmark Rulings of the Inter-American Court of Human Rights on the Rights of the Child…2008) (online topical compilations of cases)