24 February 2010 - CRINMAIL Strategic Litigation 1
Welcome to our first Strategic Litigation CRINMAIL! CRIN is very excited to launch this newsletter as a way to connect all of you with the latest news and resources on children's rights in the courtroom. We hope that you find it to be interesting and inspiring, and will in many ways be relying on you to keep us up to date on your activities and share your knowledge of children's rights litigation. As always, please contact us at [email protected] to share news, resources, and suggestions. Happy reading!
To view this CRINMAIL online, visit: http://www.crin.org/email/crinmail_detail.asp?crinmailID=3258
Conference Report: Convention on the Rights of the Child - From Moral Imperatives to Legal Obligations
The aim of this report is to highlight key observations, conclusions and conversations resulting from the international conference Convention on the Rights of the Child: From Moral Imperatives to Legal Obligations – In search of effective remedies for child rights violations which took place in Geneva, 12-13 November 2009.
The conference attracted more than 120 participants from more than 60 countries, with diverse professional backgrounds, experience and expertise. The format of the conference saw participants divided, according to their regional affiliations, into African, American, European and Asian working groups where they discussed specific topics related to child rights litigation. Between these sessions, all participants came together to hear presentations from a range of speakers.
The organisers were delighted to bear witness to meaningful discussions between committed activists and advocates from all corners of the world, and there was much to share during the conference. Their hope now is that the momentum launched by the event will carry far beyond the mere publication of a conference report.
Conference reports can make a rather dry read, so this report features key discussions, rather than providing a comprehensive account of the proceedings. The aim was to produce a useful document that will help inspire readers into pursuing creative legal strategies in their activities relating to the realisation of children’s rights.
The report is organised in three main sections:
1. The background of the conference, including an overview of the methodology and programme.
2. Recaps of discussions on the three themes of the working groups, namely: (1) Using national systems to address violations of child rights; (2) Using international and regional systems to address violations of child rights; and (3) Designing a strategic litigation strategy.
3. Observations and conclusions, followed by an annex with a glossary of legal terms.
More information about the conference, including background reading and useful links, can be found on the conference homepage.
Go to: http://www.crin.org/resources/infoDetail.asp?ID=21160&flag=event
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CRC in Court: Case Law Database
Although the Convention on the Rights of the Child has been around for more than two decades, it has in many places just begun to make its way into the courtroom. Many countries have taken steps to incorporate the Convention into their national laws and policies, and these accomplishments must not be overlooked. Nevertheless, CRIN believes that for children to enjoy the full benefits of their rights under the CRC, they must be able to enforce them directly in court.
To encourage children and their advocates to think about bringing violations of the CRC to the justice system, we have assembled a collection of case law where courts have used the CRC in their decision-making process. The CRC has not always fared well in legal decisions, but we hope that reviewing CRC case law will prove to be inspirational and help us learn about the potential for (and limits of) advancing children's rights through litigation.
This database, CRC in Court, contains judgments from high-level national and international courts around the world. Each decision is presented in summary form with plain English explanations of the background, significance, and lessons to be learned for children's rights. Case summaries also include excerpts from relevant judicial discussions of the CRC and, where possible, links to full text decisions.
As this is an ongoing project, we hope to add new cases to the database on a regular basis. If you are aware of any cases that should be included or have additional information on cases that have already been summarised, we would greatly appreciate your input. Our goal is to make this project as helpful to you and your work in children's rights as possible; please contact [email protected] with suggestions on ways that we could add to or improve the database.
Go to: http://www.crin.org/Law/CRC_in_Court/index.asp
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Child Rights: A Guide to Strategic Litigation
This guide has been produced to help those working for children's rights to understand what strategic litigation is and consider this as an option for effecting change for children by using the law. The guide is aimed at legal and non legal NGO staff and can be adapted to local settings and procedures.
Introduction
This guide has been produced to help those working toward the advancement of children's rights to understand what strategic litigation is, and to consider using the law in the courtroom as an option for effective advocacy. The guide is aimed at legal and non legal NGO staff and can be adapted to local settings and procedures.
The report is available online in eight different sections. Each contains links to relevant information, case law, and reports. Please note that these will be updated on a regular basis. Below is a brief summary and link to each section on the website.
Chapter Summaries
1: WHAT is strategic litigation?
Strategic litigation is much more than simply stating your case before a judge. This section introduces some of the broader goals of strategic litigation, as well as some of the more important considerations that should be addressed before entering the courtroom.
Go to: http://www.crin.org/resources/infoDetail.asp?ID=21271
2. WHEN would you bring strategic litigation?
As with many other decisions, timing can be a critical element to success in strategic litigation. This section looks at when it would make sense to bring a case, what factors influence this decision, when you can expect to get results, and what sort of time line you might operate on.
Go to: http://www.crin.org/resources/infoDetail.asp?ID=17139
3. WHO can bring strategic litigation?
Not just anyone can bring a case to the courts. In strategic litigation, as in all kinds of lawsuits, determining who the players are is key. This section will help you identify who will file the lawsuit, who they will sue, and whether or how people or organisations not named as parties in the lawsuit can intervene or otherwise get involved.
Go to: http://www.crin.org/resources/infoDetail.asp?ID=17144
4. WHERE would you bring strategic litigation?
Filing your lawsuit may not be as simple as going down to the local courthouse. When it comes to strategic litigation, choosing where to file your case has a huge bearing on both your chances of success and the eventual results you achieve. As you do your research, you may be surprised at how many options you have. This section will give you guidance on where exactly you can file your case, and from those options, where it makes the most sense to file.
Go to: http://www.crin.org/resources/infoDetail.asp?ID=17145
5. HOW would you bring strategic litigation?
Bringing strategic litigation can be a lengthy, complicated process, and there will be many decisions to make along the way. This section will help you figure out how you find, select, and pay for a lawyer, how you and your lawyer will prove and support your case, and - once the case is over - how you will follow up on the result.
Go to: http://www.crin.org/resources/infoDetail.asp?ID=17146
6. WHY should you consider bringing strategic litigation?
Strategic litigation is a creative and powerful means of advocacy, but it may not always be the best or most appropriate option. Bringing strategic litigation can undoubtedly be an exciting adventure in and of itself, but you should think through things thoroughly before you pursue it. This last section will address what strategic litigation can do for your cause, what difficulties you are likely to encounter, and whether there would be other ways to achieve the same result.
Go to: http://www.crin.org/resources/infoDetail.asp?ID=17135
Further information
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Strategic Litigation page
CRIN believes that all children must have full access to justice, and that strategic litigation is a powerful means to establish and enforce children's rights in national and international law. To encourage NGOs and advocates to consider bringing violations of children's rights into the courtroom, our Strategic Litigation page contains links to publications and events that relate to strategic litigation. We hope to add resources on a regular basis, and would very much appreciate your help in drawing our attention to additional information on the subject - please email us at [email protected] with any comments or suggestions.
Go to: http://www.crin.org/Law/Strategic-Litigation/index.asp
The CRINMAIL is an electronic mailing list of the Child Rights Information Network (CRIN). CRIN does not accredit, validate or substantiate any information posted by members to the CRINMAIL. The validity and accuracy of any information is the responsibility of the originator.
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