Maximising and measuring the impact of strategic litigation

Watch “Measuring Impact”

Conference participants reflected

Think broadly about impact:

  • Priorities for a case should be set by where you can have the most impact.
  • Frame your case in the most effective terms.
  • Use litigation as one of many tools.
  • A court decision is not self-implementing.
  • Inform and train government officials, law enforcement, and communities after a change in the law is made.
  • Community has a role in framing and winning litigation.
  • Communication strategies widen impact.
  • Impact is subject to unpredictable and random barriers.
  • Winning litigation can be a double-edged sword, as the state can respond in unexpected ways.

 

Impact beyond the courtroom:

  • Encourages Courts to recognise human rights obligations and standards.
  • Gets government to explain an absurd position on the record.
  • Opens up political space.
  • Impacts public discourse.
  • Educates and engages media.
  • Enhances governmental accountability.
  • Changes behaviours and moves narratives.
  • Win or lose, results in disclosure and admittances by state actors can strengthen future challenges.

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