Considering strategic litigation as an advocacy tool

A case study of the defence of reproductive rights in Colombia

Bibliographic Data

ID3973000
AuthorsMónica Roa (Women's Link Worldwide), Barbara Klugman (0000-0001-7743-6791, University of the Witwatersrand)
Year2014
Volume22
Issue44
Pages31-41
Publication date2014-01-01
Peer ReviewedYes
Open AccessNo
TypeARTICLE
VenueReproductive Health Matters (JOURNAL)
Journal identifiersISSN: 0968-8080 • E-ISSN: 1460-9576
PublisherInforma UK Limited (PUBLISHER • GB)
DOI10.1016/s0968-8080(14)44804-3
PMID25555761
OpenAlexW2037731704
LanguageEN
Citations received15
References cited5

Women's Link Worldwide developed a test to determine when an environment is conducive to social change through strategic litigation. We first present our understanding of strategic litigation, and then discuss four conditions for successful and sustainable change using strategic litigation: (1) an existing rights framework; (2) an independent and knowledgeable judiciary; (3) civil society organizations with the capacity to frame social problems as rights violations and to litigate; and (4) a network able to support and leverage the opportunities presented by litigation. Next, we present examples from our work in Colombia that show how analysis of these conditions informed our litigation strategy when confronting a powerful public official who opposes reproductive rights. Two litigation strategies were adopted. The first case was not successful in the courts, but allowed us to introduce our message and build support amongst civil society. The second case built on this momentum and resulted in a victory. Strategic litigation is a powerful tool to advance rights as well as hold governments accountable and ensure compliance with human rights obligations. The strategies developed can be adapted for use in other contexts. We hope they inspire others to protect and promote reproductive rights through strategic litigation when women cannot fully enjoy their rights

Business · Civil society · Economics · Human rights · Law and economics · Political science · Politics · Population · Public relations · Reproductive health · Reproductive rights · Sociology · Victory · Human Rights and Development · International Law and Human Rights · Judicial and Constitutional Studies · Law · Public Administration

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