susie talbot, interights. what is strategic litigation? goals and opportunities framing a...
TRANSCRIPT
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?