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Published byGeorgia Foster Modified over 9 years ago
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Susie Talbot, INTERIGHTS
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What is strategic litigation? Goals and opportunities Framing a strategic case Interventions Measuring impact
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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
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What do you want to change? ◦ Legislation ◦ Policy ◦ Practice Key opportunities ◦ Highlight a human rights issue ◦ Create a pressure point ◦ Potential for big impact
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(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
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Importance of issue Sources of cases Forum Resources
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Standing Possible claimants ◦ Making a good choice ◦ Safety and confidentiality ◦ Engagement by affected communities Appropriate defendants
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Consider all key rights engaged by situation Make a clear and persuasive argument Using international and comparative law Expert evidence Asking others to intervene
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Consider both individual and general Be specific!
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Not ensured – particularly if judiciary is not independent Implementation/enforcement/monitoring Potential backlash The ‘art of losing’
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Long-term legal strategy Wider advocacy strategy ◦ Media ◦ Education ◦ Political lobbying
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Advantages of intervening Fewer resources needed Less control over case
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Wider impact – but for who and to what extent? How to measure?
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