Strategic litigation refers to the use of legal proceedings to achieve a specific social or political goal. In the context of LGBTQ rights, strategic litigation involves selecting and building impact cases that can help advance the rights of LGBTQ individuals. This process typically begins with plaintiff vetting where potential plaintiffs are identified and evaluated based on their suitability to bring a case.
The next step involves case building where a team of lawyers and advocates work together to develop a strong legal argument and gather evidence to support the case. This may involve conducting research and gathering expert testimony to help build a compelling narrative. In some cases, amicus briefs may be filed by third-party organizations or individuals to provide additional support and context to the case.
Domestic Mechanisms
In many countries, domestic mechanisms such as courts and tribunals play a crucial role in advancing LGBTQ rights. These mechanisms provide a forum for individuals to challenge discriminatory laws and policies, and can help to establish precedent-setting decisions that can have a broader impact on the community. For example, in the United States, the Supreme Court has played a significant role in advancing LGBTQ rights, including the landmark decision in Obergefell v. Hodges which recognized the right to same-sex marriage.
International Mechanisms
In addition to domestic mechanisms, international mechanisms such as the United Nations and the European Court of Human Rights can also play a role in advancing LGBTQ rights. These mechanisms provide a framework for individuals to challenge human rights violations and can help to hold governments accountable for their actions. For example, the Yogyakarta Principles provide a set of guidelines for applying international human rights law in relation to sexual orientation and gender identity.
Comparing Domestic and International Mechanisms
When deciding whether to pursue a case through domestic or international mechanisms, it is important to consider the strengths and weaknesses of each approach. Domestic mechanisms can provide a more direct and efficient route to challenging discriminatory laws and policies, while international mechanisms can provide a broader framework for advancing human rights and holding governments accountable. Ultimately, the choice of mechanism will depend on the specific circumstances of the case and the goals of the individuals or organizations involved.
Glossary
For non-lawyers, the process of strategic litigation can be complex and confusing. The following glossary provides a list of key terms and definitions:
- Plaintiff vetting the process of identifying and evaluating potential plaintiffs for a case
- Case building the process of developing a strong legal argument and gathering evidence to support a case
- Amicus briefs briefs filed by third-party organizations or individuals to provide additional support and context to a case
- Precedent-setting a decision that sets a precedent for future cases
By understanding the process of strategic litigation and the role of domestic and international mechanisms, individuals and organizations can work together to advance LGBTQ rights and create a more just and equitable society.
