Tuesday, September 2, 2008 | A Call For Help story
Human Rights Court Say US Didn’t help Battered Mother & Murdered Abused
Current mood: forgotten
..> IACHR-update; Jessica Gonzales v. U.S. - Favorable Admissibility Decision
Below is an email from Carrie Bettinger-Lopez, our co-counsel on Jessica Gonzales' case before the Inter-American Commission on Human Rights, with an update about recent developments.
Sandra Park, Staff Attorney
Women's Rights Project | American Civil Liberties Union
125 Broad Street, 18th Floor, New York, NY 10004
T: 212.519.7871 | F: 212.549.2580 | spark@aclu.org
________________________________
For those of you who have been following the case of Jessica Gonzales v. ..:NAMESPACE PREFIX = ST1 />United States, before the Inter-American Commission on Human Rights, I am pleased to inform you that we received a favorable decision on Friday, October 5 declaring Jessica Lenahan's (formerly Gonzales) case admissible. This is the best decision we could have hoped for.
The decision says that Ms. Lenahan (Gonzales) exhausted all domestic remedies (i.e. that she pursued every potential legal avenue available to her but had those doors closed to her). The decision also indicates that countries in the Americas, including the U.S., are responsible under the American Declaration on the Rights and Duties of Man for protecting victims of domestic violence from private acts of violence. This is the first time that the Commission has ever made such a pronouncement. This admissibility decision is the first phase of a two-step process before the Commission. The next step is the merits phase, where the Commission will decide whether the US and the Castle Rock Police Department/Colorado violated Ms. Lenahan (Gonzales') and her children's human rights. (Specifically, the rights to life, non-discrimination, family life/unity, due process, petition the government, and the rights of domestic violence victims and their children to special protections ).
For more information on the Gonzales case, and to view the Commission's admissibility decision, go to http://www.cidh.org/annualrep/2007eng/USA1490.05eng.htm (Spanish version forthcoming). The decision is also available at https://www.law.columbia.edu/focusareas/clinics/humanrights97614 or http://www.aclu.org/womensrights/violence/32105lgl20071005.html .
To view Ms. Gonzales' testimony before the Inter-American Commission in March 2007, see http://www.oas.org/OASpage/videosondemand/home_eng/videos_query.asp?sCodigo=07-0041or http://www.aclu.org/womensrights/violence/gonzalesvusa.html.
Below is an article that came out today in the National Law Journal about the decision. Also, here is a link to a Channel 4 newscast from last night featuring Jessica. http://cbs4denver.com/topstories/local_story_281095916.html
Several amicus briefs are currently being drafted on the following topics: the children's rights dimension of the case; the protections and limitations of VAWA and obstacles that DV survivors still face in obtaining government assistance and support; framing domestic violence as a form of torture.
Please contact me and Araceli Martínez-Olguín (amartinez-olguin@aclu.org) if you or your organization are interested in signing on to those briefs.
Further information on the case is below. Thanks for all your support. Apologies for cross-postings.
All best,
Carrie (on behalf of Jessica's legal team)
Caroline Bettinger-López | Human Rights Fellow & Attorney
Columbia Law School | Human Rights Institute & Human Rights Clinic
435 W. 116th Street, Box C-16 | New York, NY 10027
Phone: (212) 854-8364 | Fax: (212) 854-3554 | Email: c.lopez@law.columbia.edu
Further information on the case is below.
Rights panel to hear U.S. domestic violence case
Marcia Coyle / Staff reporter
October 15, 2007
..
Jessica Gonzales poses with a portrait of her three daughters, from left, Katheryn, Rebecca and Leslie.
Image: Craig F. Walker / The Denver Post
WASHINGTON - The Inter-American Commission on Human Rights has agreed to decide whether the United States violated the rights of a domestic violence victim whose three children were killed when local police failed to enforce a restraining order against her former husband.
The complaint by Jessica Lenahan (formerly Jessica Gonzales) is the first brought by a domestic violence victim against the United States for international human rights violations.
On Oct. 4, the commission ruled her complaint "admissible," which is akin to finding jurisdiction, after rejecting arguments by the U.S. Department of State, including that Lenahan had not exhausted available remedies, and, significantly, that the American Declaration on the Rights and Duties of Man imposes no affirmative duty on states to actually prevent the crimes committed by Lenahan's former husband.
Officials at the State Department were unavailable to comment because of the Oct. 8 federal holiday.
Lenahan's legal odyssey began in 1999 when she filed a lawsuit against the Castle Rock, Colo., police department seeking to hold it liable for failing to respond to her repeated calls and appearances for help after her husband abducted her children. Her daughters were found dead in their father's pickup truck after he was killed in a shootout with police at police headquarters hours after their mother sought police assistance.
A landmark case
Her lawsuit attracted national and international attention when it was reviewed by the U.S. Supreme Court, which held in June 2005 that she had no constitutional right to police enforcement of her restraining order. That December, Lenahan filed her petition with the Inter-American Commission, charging that police inaction and the Supreme Court decision violated her human rights.
"This case is not just about Jessica Gonzales, although it clearly is very important for her," said Caroline Bettinger-Lopez of Columbia Law School's Human Rights Clinic, who, along with the American Civil Liberties Union, represents Lenahan.
It is important for victims of domestic violence and intimate-partner violence in the United States and throughout the world, she said, adding, "We've gotten calls from the United Nations and organizations around world who see this case as a landmark one on the duty of states to protect victims of domestic violence."
The admissibility decision itself has "immediate importance," according to Bettinger-Lopez, because it is the first time the commission has recognized that the American Declaration on the Rights and Duties of Man imposes affirmative obligations by countries in the Americas to protect individuals from private acts of violence.
The commission was created in 1959 and is expressly authorized to investigate allegations of human rights violations by members of the Organization of American States (OAS), which includes the United States.
'Compulsory jurisdiction'
The commission has jurisdiction to receive complaints against any OAS member state where it is upholding the rights set forth in the 1948 American declaration, said international law scholar Robert Goldman of American University Washington College of Law.
"The commission is the only organization in the world that has compulsory jurisdiction over the United States," he said. "The only way to escape jurisdiction is to denounce the OAS charter."
Having survived the "admissibility" phase, Lenahan's case moves into the merits phase, in which there will be additional briefing and possibly another hearing. The commission may attempt a "friendly settlement," noted Goldman, a former commission member.
The United States does not have a good record of compliance with commission recommendations, said Goldman. But if Lenahan prevails, he added, it will not be a Pyrrhic victory.
"The commission articulates standards with respect to very important rights," Goldman said. "What you'll find is a state that can't comply for a variety of reasons now might comply in the future."
It also puts the United States, he added, in a very uncomfortable position. Congress mandates an annual human rights report that often points the finger at other countries' practices.
"To the extent an authoritative body finds violations by the United States and it does not comply, it resonates," Goldman said.
But for now, Bettinger-Lopez said, a "new legal avenue" has been established. "It opens a door for domestic violence victims in search of vindication, whose legal options have recently been limited by harsh court rulings in the United States."
http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1191834195781
CASE SUMMARY
In June 1999, Jessica Gonzales' estranged husband abducted her three daughters, in violation of a domestic violence restraining order. Ms. Gonzales called and met with the police repeatedly to report the abduction and restraining order violation. Unfortunately, her calls went unheeded. Ten hours after her first call to the police, Ms. Gonzales' estranged husband arrived at the police station and opened fire. The police immediately shot and killed Mr. Gonzales, and then discovered the bodies of the Gonzales children - Leslie, 7, Katheryn, 8, and Rebecca, 10 - in the back of his pickup truck. Ms. Gonzales filed a lawsuit against the police, but in June 2005, the Supreme Court found that she had no constitutional right to police enforcement of her restraining order. In December 2005, Ms. Gonzales filed a petition with the Inter-American Commission on Human Rights, alleging that the police's actions and the Supreme Court's decision violated her human rights. This was the first individual complaint brought by a victim of domestic violence against the United States for human rights violations.
On March 2, 2007, the Inter-American Commission on Human Rights heard the case of Jessica Gonzales v. United States . Jessica Lenahan (formerly Gonzales) provided testimony. This was the first time that she was afforded an opportunity to tell her story to a tribunal. Ms. Lenahan is represented by the Columbia Law School Human Rights Clinic and the American Civil Liberties Union (ACLU). The Commission is expected to issue a decision before the year's end.
To view or listen to the hearing, download the video or audio webcast at: http://www.oas.org/OASpage/videosondemand/home_eng/videos_query.asp?sCodigo=07-0041 (video) or http://www.cidh.org/Audiencias/Audios%20hearings%20127%20PS.htm (audio, 4th entry under March 2).
Jessica Lenahan's statement (which she read at the hearing) can be found at:
http://www.law.columbia.edu/null/Jessica+Statement+-+IACHR+hrg?exclusive=filemgr.download&file_id=1391&showthumb=0 or http://www.aclu.org/womensrights/violence/29338res20070302.html.
More information on the Gonzales case (including the Petition submitted to the Inter-American Commission and additional briefing and exhibits) can be found at:
http://www.law.columbia.edu/focusareas/clinics/humanrights97614 or http://www.aclu.org/womensrights/violence/gonzalesvusa.html..:NAMESPACE PREFIX = O />
Tags: abuse, abuses, child, civil, constitutional, discrimination, domestic, human, rights, violence
Tuesday, September 2, 2008 | A Call For Help story
Mother’s File International Complaint Against United States, violation human rights of abused
www.StopFamilyViolence.org
MOTHERS FILE INTERNATIONAL COMPLAINT AGAINST UNITED STATES Mother's day complaint claims United States courts violate human rights of abused women and children. NEW YORK, On May 11, just before Mother's Day weekend, ten mothers, one victimized child, now an adult, leading national and state organizations filed a complaint against the United States with the Inter American Commission on Human Rights. The case claims that U.S. courts, by frequently awarding child custody to abusers and child molesters, has failed to protect the life, liberties, security and other human rights of abused mothers and their children. "For more than 30 years U.S. judges have given custody or unsupervised visitation of children to abusers and molesters putting the children directly at risk," says Dianne Post, an international attorney who authored the petition. "These horrendous human rights violations have been brought to the attention of family court systems, and state and federal governments, to no avail. We turn now to international courts to protect the rights and safety of US children." The complaint details several cases with ..ed medical evidence of child sexual abuse, yet in each instance the abusing father was given full custody of the children he abused. Several of the mothers were jailed by the courts because of their persistent efforts to protect their children from abuse, several were ordered not to speak of the abuse and not to report abuse to authorities. Every mother was denied contact with her child for some period of time though none was ever proven to have harmed them. "My life was completely shattered apart on that day and my childhood was destroyed," said Jeff Hoverson, the adult child petitioner, about the day a family court judge ordered sheriff deputies to deliver him into the custody of his abuser. "It was as if I was just kidnapped. I was torn from everything I knew....I was made into a possession rather than a child." Hoverson endured years of trauma and fear living in his father's home before escaping and returning to his mother at age 17. He is haunted by years of feeling helpless to prevent his father's night-time visits to his sisters' bedrooms. "The cases in this petition represent the proverbial tip of the iceberg," says Irene Weiser, executive director of the online organization Stop Family Violence. "We are contacted by an average of three protective mothers each week who have lost custody to child abusing fathers. This is a nationwide crisis of enormous proportion." "The lives of thousands of children and mothers have been irreparably harmed by family courts across our nation," says Joyanna Silberg, Ph.D., executive vice-president of The Leadership Council on Child Abuse and Interpersonal Violence, another national organizations supporting the petition. "The years of trauma and psychological abuse because of the courts' failings result in lasting emotional damage to the children they are supposed to protect." Studies of gender bias in the courts, conducted in the 1980's and 90's, found disturbing trends of courts minimizing or excusing men's violence against women, and favoring the abusers. In 1990 the United States Congress passed a resolution recommending the prohibition of giving joint or sole custody to abusers. Seventeen years later, the practice continues unabated. Ten years ago today, leading national organizations were joined by members of Congress in a protest in Washington D.C. to again raise awareness about the problems in family courts. Today, petitioners say, the problem is systemic and widespread in family law courts across the nation. The petition seeks a finding from the Inter-American Commission on Human Rights that the U.S. has violated the Declaration of the Rights and Responsibilities of Man and the Charter of the Organization of American States and a statement of the steps that the U.S. must take to comply with its human rights obligations in regards to battered women and children in child custody cases. The Inter-American Commission on Human Rights was created in 1959 and is expressly authorized to examine allegations of human rights violations by members of the Organization of American States, which include the United States. It also carries out on-site visits to observe the general human rights situations in all 35 member states of the Organization of American States and to investigate specific allegations of violations of Inter-American human rights treaties. Its charge is to promote the observance and the defense of human rights in the Americas. Dianne Post, a 1980 graduate of the University of Wisconsin law school, has worked on issues of gender based violence since 1976. In addition to private practice and legal aid, she has taught legal classes and been a consultant working or living in Russia, Cambodia, Hungary and some dozen other countries. She is currently in Vladivostok, Russia. In addition to The Leadership Council on Child Abuse and Interpersonal Violence, other national organizations supporting the international lawsuit include: National Organization for Women and the NOW Foundation, National Coalition Against Domestic Violence, Justice For Children, National Family Court Watch Project, Legal Momentum, Family Violence Prevention Fund, National Alliance to End Sexual Violence, Domestic Violence Report, Sidran Traumatic Stress Institute, and the National Center on Sexual and Domestic Violence. The petition is supported by many state organizations as well. In December 2005, the American Civil Liberties Union filed a petition against the United States with the Inter American Commission on Human Rights for their failure to protect Jessica Gonzales' three children from their abusive father, who murdered them. Their petition, the first of its kind, asserted that domestic violence victims have the right to be protected by the state from the violent acts of their abusers.
For additional information, contact: Irene Weiser, Stop Family Violence iw@stopfamilyviolence.org 607-539-6856 The petition and supporting ..action is available on the Stop Family Violence website on: www.StopFamilyViolence.org
View the petition at: http://www.StopFamilyViolence.org/468
Tags: abuse, abuses, child, civil, constitutional, discrimination, domestic, human, rights, violence
Tuesday, September 2, 2008 | A Call For Help story
F m i l y L a w : D is o r d e r i n t h e C o u r t s
Introduction
By Helen Grieco, Rachel Allen and Jennifer Friedlin
The National Organization for Women (NOW) is the country's largest and longest running women's rights organization. NOW is committed to fighting discrimination against women and girls, and ensuring their equality in every aspect of society. NOW is structured in chapters, and California NOW (CA NOW) is the largest chapter in the country, with 100,000 members and donors. Imagine this: A mother endures years ofabuse at the hands of her husband. One day, her husband strikes the children or gets caught in the act of sexually abusing one of the kids, and she decides she has got to break free. She files for custody, assuming she's got an open and shut custody case. But the family court judge fails to look at all the evidence and the professionals who are supposed to evaluate the family ignore all the signposts of abuse. Eventually, the mother loses custody. In order to see her children, the mother may have to pay for supervised visits or she may lose all rights to her kids. No, you say, this can't be. Well, think again. In the 1990s, CA NOW started getting call after call that fit this pattern. In fact, as then president of CA NOW, Helen Grieco received so many calls from desperate mothers that sheformed a statewide task force to strategize how to best address the startling trend. Under Grieco's leadership, CA NOW proposed legislation, lobbiedfor statewide reform, called for investigations of court funding and worked to get public attention on the injustices women faced in family courts. In an effort for CA NOW to ascertain how widespread the problems were, Grieco createdand posted a questionnaire on the CA NOW website to collect information on individual cases. Rachel Allen joined CA NOW as public relations director in 2001, and had worked on the family law issue as president of the Marin County NOW chapter for several years. In 2002, Allen and Grieco (along with Sue DiPaolo and Elena Perez) analyzed the findings of the hundreds of questionnaires submitted, and tried to answer the question of how and why so many women were being victimized by the courts. The end product was the "CA NOW Family Court Report, 2002,"which presented findings from analysis of over 300 mothers' cases. The report showed that perfectly fit mothers were regularly losing custody of their children to less-than-fit fathers, and put forth an explanation for why it was happening. Analysis of the data rendered stunning statistics. We found that 76 percent of respondents' cases involved allegations of some kind of abuse by the father and that in 69 percent of those cases the offender was given unsupervised contact or custody. Although conservative commentators and right-wing fathers' rights groups tried to discredit the research by saying that the sample was not representative of a larger problem, we knewthat the 300 cases we studied and their staggering similarities exposed trends that were impossible to ignore. This study and the calls we have continued to receive over the years from flabbergasted mothers have revealed that the courts are regularly ignoring evidence of child abuse and domestic violence when deciding contested custody cases. In addition, we have documented a common pattern of gender bias, denial of due process, corruption, fraud and reliance on unscientific labels to pathologize normal mothers. These women speak of judges who beratethem in court and dismiss crucial evidence; attorneys who bail on them midway through their case or who side with the father instead of representing the interests of the children; andevaluators who decide they are unfit parents for a whole slew of often contradictory reasons. Evaluators have been known to support denying awoman custody because she: is "too close" to her children; breastfed her children for too long; did not cooperate in giving unsupervised access to an abusive father; works outside the home; doesn't work outside the home. We hear from motherswho walked into the court as the primary caregiver and protector of their children and walked out unable to even send the kids a birthday cardor talk to them on the phone. These mothers often lose custody to men who have criminal records, histories of domestic violence and/or child abuse and substance abuse problems. Some of the men have never even met their children. How can this happen? One of the roots of the problem, we believe, stems from the activities and advocacy efforts of so-called Fathers' Rights groups. Connected to a larger right-wing ideology, the movement for "fathers' rights" rests on a belief in unquestioned patriarchy – some have even called for the overturning of the 19th amendment! They seek to abolish child support and to instate automatic joint custody. Although fathers' rights advocates refer to "equality," "equal access" and "shared parenting," they are not fighting for joint childcare responsibilities inside of marriage. Instead, the call from fathers' rights groups for equal parenting turns up only after divorce, a transparentploy to use rhetoric to reduce men's financial obligations to their children and their ex-wives and tomaintain control over their families, even after the marriage is legally dissolved.These groups have helped propagate bunk psychological syndromes like Parental Alienation Syndrome (PAS), which is based on the unfounded"theory" that mothers regularly brainwash their children to say that they have been abused by their fathers. PAS is then used as a legal strategy tojustify taking children from their mothers, while subverting evidence of abuse by fathers. Fathers' Rights groups claim that fathers are discriminated against in family courts, receiving custody of children only a small percentage of the time. The truth is, however, that when fathers fight for custody, they get it 50 to 70 percent of the time. Sadly, all too often they get custody even when it is not inthe best interest of the child. Meanwhile, the fathers' rights movement has been gaining strength and legitimacy. Fatherhood groups are well funded, well organized and publicly supported through conservative mouthpieces in the media. In addition, the Bush Administration supports the so-called "responsible fatherhood" agenda. Some organizations, such as the National Fatherhood Initiative receive millions of dollars from the federal government, much of which is not accounted for in direct programming. Some people suspect that a portion of the money may even be used to litigate custody cases on behalf of fathers. (For more about the history and activity of the fathers' rights movement, see the CA NOW Family Court Report at http://canow.org/famlaw_report/famlawreport.php.)
Lest anyone reading this should draw the conclusion that we are simply interested in bashing men, we are not. We are well aware that thereare many loving, caring fathers who are deeply concerned about doing right by their children. We are also aware that these men rarely demand sole custody and the removal of the mother from the child's life. We have heard from many decentmen who are just as disturbed by the family court's treatment of women and children as we are. And, as you will see on the pages of this book, some of these men have become our allies in the fight for justice in the legal system. Theproblem we have been struggling with does not have to do with these men; it has to do with the abusive men who use the court system to continue terrorizing their families. After all, what better way to further abuse a mother than by taking her children from her? As CA NOW took up this issue, we found allies around the country who were just as concerned as we were. Although many media outlets shied away from this complicated topic, media stars like Dr. Phil were brave enough to speak out against what he called "America's silent epidemic."Feminist icons like Gloria Steinem have weighed in, too, calling the crisis in the family law courts an issue that "the women's movement,which provided leadership in past reforms and crucial struggles to make law more gender free, supportive of children and families, and economically just, must lead on." One of the most amazing outcomes of this horrific situation is the steely determination of the women who have been through the system to change it. After losing their children, women from Delaware to Alaska have fought back in an effort to change the system and to prevent the same thing from happening to other women. These women have written legislation, formed organizations,started court watch programs, built websites, held conferences, organized demonstrations and protests and worked to get media exposure. A couple of years ago, after researching an article about moms who turned their personal tragedies into political crusades, freelance journalist Jennifer Friedlin suggested a project that would highlight the work being done across the countryto change the way custody decisions involving allegations of abuse are made. This book is borne of our mutual desire to underscore and applaudthe achievements of the mothers and the various professionals who are working for justice. In this collection of essays, you will hear from experts – from psychologists and legal experts to journalists and moms – who have been fighting on the frontlines for mothers' rights. Karen Andersonturned her own personal struggle to protect her children from sexual abuse into a crusade onbehalf of all mothers. Dr. Lundy Bancroft has been a fierce supporter of battered moms and now calls on these women to spearhead a mothers' rightsmovement. Sharon Bass shares her insights on the issue of court appointed evaluators and their far reaching influence. Dr. Robert Geffner lends his expertise on child sexual abuse and the ways it is treated in the family law arena. Retired judge Sol Gothard gives his perspective on the family courts based on nearly fifty years of experience. Professor Mo Hannah explains her motivation for organizing the country's leading conference on the issue of battered women and custody. Karen Hartley-Nagle tells the story of her family law case andhow it inspired her to run for office on a family law platform. Paige Hodson turned her experience in the courtroom into a battle for protective legislation– and won! The legal team of Kristen, Diane and Charles Hofheimer offer advice to motherson how to present their cases in court. Filmmaker Dominique Lasseur explains his motivation for making the groundbreaking film, "Breaking theSilence." Professor Garland Waller advises people on ways to get media attention, and journalist Kristen Lombardi explains the difficulties of reporting onthese issues. Professor Geraldine Stahly allowed us to print her research on domestic violence and custody, and blogger Trish Wilson makes a powerful argument against assumed joint custody.This book will help explain how the courts work and give any mother going through thefamily court system some of the tools she will need to protect herself and her children. And,for mothers who may have lost their children, we hope these essays will provide you links toresources that may assist you in your effort to regain custody of your kids. This book will not replace good counsel and a strong support system,but we hope it will provide you a greater understanding the issues, and that is may inspire you to help join the movement for change. We have found that lawyers and domestic violence agencies are always looking for more information that can help them serve their clients,and we trust that this book will meet this need. We believe that this book will also inspire other women's rights organizations to take up this issue, and that it will give them the tools and information they need to get started. Mostly, we hope that this book will generate greater activism among people interested in righting the numerous wrongs of the family court system.We know that this book is just one step in the battle to reform the family court system. But CA NOW is committed to fighting for change until we win. Whether you are a parent, a psychologist, a lawyer, a judge, a journalist, an activist or a concerned citizen, we encourage you to get involved and to fight along side us aswe work to ensure that our family court system never again strips a fit parent of her parental rights in favor of an abuser.
Tags: abuse, abuses, child, civil, constitutional, discrimination, domestic, human, rights, violence
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