INTER-AMERICAN COMMISSION: Jessica Gonzales vs USA - Child Rights Amicus Brief


By any measure, as the 20th century closed, the US continued to fail miserably in ensuring the rights of all its children to be healthy, safe, and secure in their own homes and communities…

Patricia K. Susi, The Forgotten Victims of Domestic Violence, 54 J.Mo. B. 231, 234-35 (1998).

Nothing illustrates this sad reality more powerfully than the facts surrounding the death of Jessica Gonzales’ three children, Rebecca, 10, Katheryn, 8, and Leslie, 7, caused by their father. On June 2, 1999, Mr. Gonzales abducted the children from their home. The Castle Rock Police Department (“CRPD”) repeatedly refused to assist Ms. Gonzales in her efforts to find the children and ensure their safety. As a result, all three of the children died. The CRPD’s failure to protect the Gonzales children from their father is an example of the United States’ continuing violation of its obligations under Article VII of the American Declaration of the Rights and Duties of Man and the Convention on the Rights of the Child (CRC).

On June 22, 1999, Simon Gonzales kidnapped the three Gonzales children. Hours later, after a shootout with police, the dead bodies of their three children were found in the cab of his pickup truck. He was able to endanger their children because the police did not enforce a protective order that precluded Mr. Gonzales from being alone at that time with their children. The police failed to protect the children even through the police were aware of the protective order and had been told that the children were in danger in Mr. Gonzales’ presence.

The Gonzales children had a basic human right to be protected from harm. The CRPD and Colorado authorities’ failure to protect them violates this basic human right. The US has accepted this failure and violation of rights by not requiring that states adopt adequate measures to provide for this protection. The US’ failure to ensure protection of children in all of the States is in violation of its obligations under international law.

Amici submit this brief to explain the impact of domestic violence on children, to describe some of the international laws that require the US to protect children’s rights, and to demonstrate how the inaction of the CRPD and Colorado authorities demonstrates that the US fails to satisfy international standards. The US’ failure is twofold: (1) it does not have any measure which holds states responsible for protecting rights of children; and (2) it has not provided any7 guidance to states and local entities regarding the rights of children. The US has failed to uphold its duty to ensure that the rights of children are protected.

Read the full amicus brief here.

Further information

pdf: http://www.crin.org/docs/gonzales_child_20081017.pdf

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