Susie Talbot, INTERIGHTS. What is strategic litigation? Goals and opportunities Framing a...

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?