test
Search publications, data, projects and authors

Article

English, French

ID: <

oai:doaj.org/article:38bb31ba3a844203b8ad9c32a00c10e0

>

Where these data come from
STATE RESPONSIBILITY FOR PROTECTION AGAINST DOMESTIC VIOLENCE: THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS DECISION IN LENAHAN (GONZALES) AND ITS APPLICATION IN CANADA

Abstract

in August, 2011, the Inter-American Commission on Human Rights released its decision in Jessica Lenahan (Gonzales) v United States, a case concerning states’ obligations to use due diligence in responding to domestic violence. The IACHR found that the United States had broken down articles of the American Declaration of the Rights and Duties of Man for failing to protect Lenahan and her children from domestic violence, and made wide-reaching recommendations at both the individual and systemic level. This how will discuss the IACHR decision in Lenahan and analyse its implications for Canada’s compliance with its international obligations towards domestic violence in the judicial, legislative and policy fields. Focusing on the concept of access to justice as articulated by the IACHR, the analysis will show that Canada may be in breach of its obligations for failing to provide access to justice in the context of domestic violence, and otherwise in breach of its due diligence obligations under international law. In August 2011, the Inter-American Commission on Human Rights (IACHR) issued its decision in the case of Jessica Lenahan (Gonzales) v. the United States, which concerned the obligation of states to exercise due diligence in its domestic violence interventions. The IACHR concluded that the US had violated several articles of the US Declaration of Human Rights and Duties, as it had not protected Ms Lenahan and her children from domestic violence. It has made wide-ranging recommendations both individually and systemically. This commentary concerns the decision of the IACHR in Lenahan and presents an analysis of the implications of this decision for Canada’s compliance with its international obligations regarding domestic violence in the judicial, civil and criminal fields. Focusing on the concept of access to justice as defined by the IACHR, the analysis shows that Canada may fail to fulfil its obligations by not providing access to justice in the context of domestic violence or that it is failing to comply with its duty of due diligence under international law.

Your Feedback

Please give us your feedback and help us make GoTriple better.
Fill in our satisfaction questionnaire and tell us what you like about GoTriple!