Susie Talbot, INTERIGHTS

 What is strategic litigation?  Goals and opportunities  Framing a strategic case  Interventions  Measuring impact

 Using the law as a tool to influence broader social change  Individual case  wider impact  Can be planned or arise in an ad hoc manner

 What do you want to change? ◦ Legislation ◦ Policy ◦ Practice  Key opportunities ◦ Highlight a human rights issue ◦ Create a pressure point ◦ Potential for big impact

 (1) Choosing a case  (2) The ‘right’ claimant(s) and defendant(s)  (3) Making an effective argument  (4) What are you asking for?  (5) Preparing for possible outcomes  (5) Adopting a wider strategy

 Importance of issue  Sources of cases  Forum  Resources

 Standing  Possible claimants ◦ Making a good choice ◦ Safety and confidentiality ◦ Engagement by affected communities  Appropriate defendants

 Consider all key rights engaged by situation  Make a clear and persuasive argument  Using international and comparative law  Expert evidence  Asking others to intervene

 Consider both individual and general  Be specific!

 Not ensured – particularly if judiciary is not independent  Implementation/enforcement/monitoring  Potential backlash  The ‘art of losing’

 Long-term legal strategy  Wider advocacy strategy ◦ Media ◦ Education ◦ Political lobbying

 Advantages of intervening  Fewer resources needed  Less control over case

 Wider impact – but for who and to what extent?  How to measure?