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Susie Talbot, INTERIGHTS.  What is strategic litigation?  Goals and opportunities  Framing a strategic case  Interventions  Measuring impact.

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Presentation on theme: "Susie Talbot, INTERIGHTS.  What is strategic litigation?  Goals and opportunities  Framing a strategic case  Interventions  Measuring impact."— Presentation transcript:

1 Susie Talbot, INTERIGHTS

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

3  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

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

5  (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

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

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

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

9  Consider both individual and general  Be specific!

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

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

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

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


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