Seeking Social Change in the Courts: Tools for Strategic Advocacy

Traditionally, strategic litigation has been defined as the litigation of a public interest case that will have a broad impact on society beyond the specific interests of the parties involved. Women’s Link proposes a more comprehensive understanding of strategic public interest litigation: that which not only aims to set progressive legal standards, but also shapes public opinion and bolsters social mobilization by actively creating opportunities for activists and civil society to organize and mobilize around a case. Through this process, legal victories enable the conditions for implementation. However, even without a legal victory, the conditions to solve the problem through other democratic avenues will improve, the movement will become stronger, and the public will be better informed. These are well-recognized critical factors in civil society’s efforts to promote social change. Significantly, although a litigation loss can have benefits, it can also carry substantial risks. While litigation can be used as an advocacy strategy, it should not be used recklessly.

This workbook addresses the processes that you should undertake to maximize the benefits of litigation while minimizing the risks. All of the examples provided relate to Women’s Link’s work in the field of women’s and girls’ rights, but this workbook will aid both legal and non-legal activists working in all fields of social justice and human rights, as strategies and tactics can be adapted.