Legal Assistance and Litigation

The provision of legal assistance and litigation are among the oldest tools available to human rights defenders to prevent or redress human rights violations. Litigation has also been used to challenge structural impediments to the realization of human rights or to compel duty holders to specifically perform or refrain from performing an act in favor of a rights holder. In the defense of ESC rights, litigation must be seen as more than simply a means of obtaining a court judgement but as a powerful vehicle for educating and mobilizing constituent groups and communities around their issues. Used as a means to define and frame issues, litigation can be an effective rallying point for collective action such that even when the eventual judicial verdict is unfavorable, the consensus and energy already developed can be channeled to other forms of popular expression and activism. For more information on this topic see an article on Litigation from Ripple in Still Water.

The following case summaries further illustrate how human rights defenders have used legal assistance and litigation to protect and promote ESC rights:

• Project Stakeholders Oppose World Bank ESC Rights Violations
• The Maroko Community’s Quest for Resettlement, Rehabilitation and Recompensation
• Guatemalan Union Leaders Face Stiff Reprisals for Opposing Unsafe Working Conditions