Cardozo Journal of Equal Rights & Social Justice
Abstract
The article critically examines the U.S. Supreme Court's decision in Town of Castle Rock v. Gonzales and its broader implications for domestic violence survivors' rights. It argues that the Court's adherence to a "Negative Constitution," which limits government obligations to citizens, fails to protect vulnerable populations and violates international human rights standards. The article advocates for incorporating international law into U.S. jurisprudence to address systemic failures in responding to domestic violence.
Disciplines
Criminal Law | Criminal Procedure | Human Rights Law | Law | Law and Gender
Recommended Citation
Max D. Siegel,
Surviving Castle Rock: The Human Rights of Domestic Violence,
18
Cardozo J. Equal Rts. & Soc. Just.
727
(2012).
Available at:
https://larc.cardozo.yu.edu/cardozoersj/vol18/iss3/7
Included in
Criminal Law Commons, Criminal Procedure Commons, Human Rights Law Commons, Law and Gender Commons