August 18, 2011
WASHINGTON, D.C. -- An international human rights body has done something that federal courts, including the United States Supreme Court, failed to do -- bring justice to a domestic violence survivor.
“This decision is important for Native women who face the highest rates of sexual and physical assault of any group in the United States,” said Jana Walker, Indian Law Resource Center attorney. “Although this case did not originate in Indian Country, it has major implications for an ethnic group who rarely sees their abusers brought to justice.”
On August 17, 2011, the Inter-American Commission on Human Rights issued a landmark decision in Jessica Lenahan (Gonzales) v. United States. The decision is the first women’s human rights case involving domestic violence brought before an international body against the United States.The Commission determined that the United States violated its obligations under international human rights laws by failing to use due diligence and reasonable measures to protect Ms. Lenahan and her daughters from violence by her estranged husband. The case was based on a tragic incident in 1999, involving the deliberate failure of the Castle Rock, Colorado police to enforce a domestic violence restraining order. Ms. Lenahan had repeatedly called the police for help after her estranged husband kidnapped her three children in violation of the order. Ten hours after Ms. Lenahan’s first call, the husband drove to the police station, where he and the three children were killed in an exchange of gunfire. Ms. Lenahan sought justice in the federal courts, including the United States Supreme Court, for violation of her rights by the police.
After the United States Supreme Court held that women do not have a constitutional right to have civil protection orders enforced by the police, Town of Castle Rock, Colo. v. Gonzales, 545 U.S. 748 (2005), Ms. Lenahan filed a petition with the Inter-American Commission on Human Rights alleging that the United States’ failure to act with due diligence to prevent violence against women violated its obligations under international human rights law.
In 2008, the Indian Law Resource Center and Sacred Circle National Resource Center to End Violence Against Native Women filed a friend-of-the-court brief with the Commission in support of Ms. Lenahan, on behalf of numerous non-profit organizations and tribal governments working to end violence against Native women. In its decision, the Commission took notice of this brief and acknowledged that domestic violence has a disproportionate impact on Native women and other low income minority women.
“We want our voices to be heard around this case, because the United States Supreme Court decision had vast implications for Native women and the enforcement of tribal protection orders by state law enforcement officials,” said Terri Henry, Co-chair of the National Congress of American Indians Task Force on Violence Against Women and Principal Director of Clan Star, Inc. “Violence against Native women in the United States has reached epidemic proportions. One out of three Native women will be raped in her lifetime, and three out of four will be physically assaulted.”
Because the United States has greatly limited tribal criminal jurisdiction and sentencing authority, often the only recourse that Native women have against their abusers is a civil protection order.
“By allowing state law enforcement to choose not to enforce domestic violence protection orders, the United States Supreme Court decision in the Gonzales case greatly undermines the security of Native women, because no one else has the authority to enforce these orders outside of Indian country,” said Lucy Simpson, Executive Director, National Indigenous Women’s Resource Center. “This decision gives Native nations and our communities an instrument to change and improve the lives of Native women.”
The Inter-American Commission on Human Rights is an autonomous organ of the Organization of the American States, created by countries to protect human rights in the Americas. The Commission is charged with investigating and determining whether international human rights treaties, declarations, and other instruments have been violated by its 35 member-states, including the United States. If such violations are found, the Commission can make specific recommendations to the appropriate member-state.
In relation to the Gonzales case, the Commission handed down several recommendations which encourages further investigation into the death of Ms. Lenahan’s daughters; a review of systemic failures that took place in regards to the protection order; full reparations to Jessica Lenahan; legislation reform to enforce protection orders and to better protect children in the context of domestic violence; and policies and programs aimed at restructuring the stereotypes of domestic violence victims.
“The recommendations to the United States send a strong message that immediate action is needed to fix systemic failures in the way protection orders are enforced in the U.S. and to reform federal law to protect all women, including Native women, from violence,” said Juana Majel Dixon, National Congress of American Indians 1st Vice President, and Co-Chair of its Task Force on Violence Against Women. Restoration of tribal criminal jurisdiction, effective enforcement of tribal protection orders, and meaningful access to justice will be absolutely critical in protecting Native women from domestic and other violence within Indian country and Alaska Native villages. “Such reforms reflect a broken justice system based in a history of colonization that is now recognized as failing to protect Native women.”
Read the Inter-American Commission on Human Rights decision and the friend-of-the-court brief by the Indian Law Resource Center and Sacred Circle National Resource Center to End Violence Against Native Women.
About Clan Star, Inc.
Contact: Terri Henry
Clan Star, Inc. is a not-for-profit organization incorporated under the Eastern Band of Cherokee Indians in 2001 (www.clanstar.org), devoted to improving justice to strengthen the sovereignty of Indigenous women through legal, legislative, and policy initiatives, and, education and awareness. Clan Star provides technical assistance, training, and consultation throughout the United States to Indian tribes and tribal organizations in the development of public policy strategies addressing violence against women.
About the National Congress of American Indians
Contact: Katy Jackman, Attorney
(202) 466-7767, email: Katy_Jackman@NCAI.org
The National Congress of American Indians (NCAI) is the oldest and largest national organization of American Indian and Alaska Native tribal governments. As the collective voice of tribal governments in the United States, NCAI is dedicated to ending the epidemic of violence against American Indian and Alaska Native women. In 2003, NCAI created the NCAI Task Force on Violence Against Women to address and coordinate an organized response to national policy issues regarding violence against Indian women. The NCAI Task Force represents a national alliance of Indian nations and tribal organizations dedicated to the mission of enhancing the safety of American Indian and Alaska Native women.
About the Indian Law Resource Center
The Indian Law Resource Center is a non-proﬁt law and advocacy organization established and directed by American Indians. The Center is based in Helena, Montana and also has an office in Washington, DC. We provide legal assistance to Indian and Alaska Native nations who are working to protect their lands, resources, human rights, environment, and cultural heritage. Our principal goal is the preservation and well-being of Indian and other Native nations and tribes. For more information, visit www.indianlaw.org.
About the National Indigenous Women’s Resource Center
Contact: Lucy Simpson, Executive Director
The National Indigenous Women's Resource Center is a nonprofit organization that provides technical assistance, policy development, training, materials, and resource information on violence against Native women and the development of tribal strategies and responses to end the violence. For more information, visit www.niwrc.org.