Jessica Gonzales obtained an official restraining order from a Colorado court that prevented her estranged husband from approaching either her or her children any closer than 100 yards. The order, however, did not stop her husband, who kidnapped their three children.

Mrs. Gonzales went to the police and asked for their help. The police did very little to help her, despite the restraining order. Early the next morning, Mr. Gonzales arrived at the police station and began shooting at police officers, who shot back and eventually killed him.

After the shooting was over, the police found the bodies of the three young daughters in Mr. Gonzales' truck. Mrs. Gonzales brought suit against the police department, arguing that her due process rights had been violated when the police did not enforce the restraining order. The case went from trial court to the appellate court to the United States Supreme Court, with no result other than a dismissal of the suit.

Mrs. Gonzales, with the assistance of the American Civil Liberties Union, filed a post-appellate complaint against the United States with the Inter-American Commission on Human Rights. In her complaint, Mrs. Gonzales argued that she had been deprived of due process and equal protection under the American Declaration of the Rights and Duties of Man, an agreement that the United States was legally bound to follow.

Mrs. Gonzales and her attorneys hoped that the commission would issue a judgment in her favor and against the United States. What two initial questions must be answered first before this post-appellate case can begin? Explain.

Jessica Ruth Gonzales v. The United States of America, Petition No. P-1490-05, The Inter-American Commission on Human Rights of the Organization of American States.