The Lawsuit For Survival
On February 14, 2018, Joaquin Oliver, a student at Marjorie Stoneman High School in Parkland, Florida, was murdered alongside 16 other students and staff in a mass shooting at his school. Today, Joaquin would be a young man looking forward to celebrating his 25th birthday. Instead, his life was cut short at the age of 17.
By Jonathan Lowy, President of Global Action on Gun Violence
Every day in America, over 300 people are shot and over 120 killed by gunfire — it does not have to be this way. By comparison, in Japan it would take over 6,000 years to match the U.S.’s annual gun death total — making it clear that a future free from gun violence is possible.
Since Joaquin’s death, his parents, Manny and Patricia Oliver, have dedicated their lives to fighting to prevent future gun tragedies. An important part of their work is the Lawsuit for Survival.
Global Action on Gun Violence (GAGV), along with the George Washington University Law School Civil and Human Rights Clinic, brought the Lawsuit, Oliver v. USA, on behalf of Manny, Patricia and Joaquin against the United States government in the Inter-American Commission for Human Rights (IACHR), a tribunal within the Organization of American States (OAS).
The premise of the case is simple: Joaquin — like all of us — had a fundamental human right to live, and under human rights law, the United States has a responsibility to protect that right. By enabling a disturbed 19 year old to obtain an AR-15 rifle and kill Joaquin and his classmates at Parkland, the U.S. violated its legal obligation under human rights law.
The Lawsuit for Survival is the first human rights action ever brought against the United States for its inadequate gun policies. The case changes the game in the seemingly intractable fight over guns in the U.S.
First, if and when the Olivers win their case, the IACHR will find that the United States is in violation of human rights law that the U.S. is required to follow, and that to comply with the law the U.S. must enact stronger laws and policies to prevent gun violence. Such a decision would put powerful new pressures on U.S. policymakers and officials. It will be difficult for the U.S. to continue to work within the OAS and international human rights tribunals — as it does — if it simply ignores the Commission’s decision.
Second, the Lawsuit reframes the gun debate from a divisive political issue that gets bogged down in “us v. them” fights, into a human rights issue with which all Americans can agree. The majority of people agree that we have a right to live, and to be safe, and the government has a role in protecting those basic rights. A human rights frame de-politicizes the gun issue, and attracts broad support.
Third, the Lawsuit is a powerful engagement tool to help mobilize support for stronger gun policies. GAGV is inviting people from around the world to sign a Petition which reflects broad public support for the Olivers and the Right to Live. The Petition will be shared with the IACHR to show that support. Signing the Petition can also engage people in activism to prevent gun violence.
The rest of the world has shown that gun violence can be stopped when society demands it. We can do the same in the United States. When that happens, the Lawsuit for Survival will be seen as a turning point, a pivotal moment when people united around the principle that Joaquin Oliver, and all of us, deserve to have our right to live protected above all else.
Global Action on Gun Violence brings bold legal, human rights and international actions to end gun violence around the world. GAGV works both to stop gun violence in the U.S., and to stop the flow of trafficked U.S. guns to Mexico and other countries that cause violence abroad. Learn more about GAGV’s work and get involved at actiononguns.org. Join us!
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