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In Namibia, organizations engaged the media when litigating cases of forced sterilization. In particular, they engaged local and international journalists to sensitize them to the problem, issued press releases, placed opinion pieces in regional and international media outlets, and held press conferences. Civil society organizations also used social media to disseminate regular updates on the court case, including tweeting from the courtroom and publishing regular updates on a blog dedicated to the issue.

Professor Desmond Manderson

Since the litigation, more women have come forward to report they were forcibly sterilized in Namibia and in other African countries. In Kenya, for example, a group of women living with HIV and civil society organizations have sued medical institutions and the government for forced sterilization. Organizations in Lesotho, moreover, have published a report documenting the forced sterilization of women living with HIV. Media coverage can help translate what occurs in the courtroom for the benefit of the broader public.

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Health rights cases, in particular, can involve technical information and health-related jargon difficult for the average outsider to understand. Translating such information into plain language through media coverage can be critical to changing public discourse and raising understanding of issues. Strategic litigation has a reciprocal relationship with social movements.

It can strengthen and help build social movements and, at the same time, often depends on them. Strategic litigation is generally most effective as part of broader advocacy. Connection to the community gives a case a political dimension—it becomes a matter for systemic change rather than just a problem for certain individuals. Social movements can assist in the following areas: identifying cases and supporting clients throughout the litigation process; documenting violations and providing a nuanced understanding of experiences; mobilizing communities to amplify the impact of litigation; engaging media; and ensuring accountability for the implementation of judgments.

Strategic litigation, in turn, galvanizes social movements, creating events around which mobilization and media engagement can occur, and facilitating coalition building and the development of leadership. Social movements play a crucial role in identifying cases and providing clients with ongoing support. Many countries have stringent rules regarding who can bring a lawsuit. This often requires that advocates seeking to challenge particular laws, policies, or practices find individuals directly affected by them, who are willing to be involved in litigation.

Grassroots organizations can assist in identifying appropriate plaintiffs and providing them with psychosocial support throughout litigation that is often lengthy. CEDEP visited them in prison, where they were being held during the trial, providing them with necessities including food and basic toiletries. Additionally, social movements can help in documenting and defining violations. In order to craft an appropriate remedy in HIV-related cases, it is often necessary to have detailed documentation of a violation to prove its occurrence and gravity.

Grassroots organizations with strong links to the affected community can assist in this documentation process. In Canada v. Bedford , a case challenging the criminalization of sex work-related activities, sex worker-led organizations had spent years working with sex workers in the community to document their experiences and violations suffered. During this time, they produced numerous reports and gained a deep understanding of how the laws impacted sex workers in their daily lives.

Moreover, social movements can lead mobilization campaigns around litigation. Organizations specializing in litigation often lack the expertise and connections needed to mobilize affected communities and organize advocacy activities, such as marches and sit-ins. NWHN ensured that the women were present in the courtroom during the case, organized marches on the days of the trial, established a website providing daily information on the litigation, and identified spokespeople to share with the media how forced sterilization affected their health and lives.

Social movements also play a vital role in media advocacy. In many jurisdictions, lawyers are unable to communicate with the media due to professional restrictions. For example, Zambia continues to implement the sub judice rule requiring lawyers to refrain from media commentary and preventing them from speaking publicly about ongoing court cases and on the view that only the arguments made in court should affect the case. ZARAN issued press releases, organized press conferences, and informed other stakeholders of the litigation.

Furthermore, social movements can assist in ensuring the proper implementation of positive judicial decisions, as implementation can require ongoing monitoring and, in some cases, returning to court to enforce positive judicial decisions. In Namibia, social movements have been critical in the long process of obtaining redress for women subjected to forced sterilization. Despite positive judicial decisions in three cases, a number of organizations report that since the litigation, medical personnel at public hospitals have asked women who seek sterilization to draft and sign an affidavit to that effect as a prerequisite to the procedure.

The requirement that these women sign the affidavit before the police or a notary is an insurmountable hurdle for many women seeking the operation, as they are wary of the police and do not have the money to pay for a notary. Organizations have sought to address these hurdles through advocacy. At the same time, the involvement of social movements in strategic litigation can also strengthen them.

Court cases provide human stories and concrete events around which communities can mobilize, generating momentum and galvanizing media attention. Media interest intensifies—and advocacy opportunities are presented—when a case is filed, both during and immediately after the trial or hearing, and when a judgment is handed down. As key dates are generally known in advance, organizations can plan advocacy activities accordingly. In , the trial in R v. As a result, CEDEP has shown itself well-placed to speak out not only on issues affecting LGB persons, but also more generally on human rights and the rule of law.

Similarly, in Canada, the case challenging the criminalization of sex work-related activities— Canada v. Bedford —helped foster a more cohesive and nationwide sex worker movement. Prior to the litigation, many Canadian sex worker communities banded together in their respective cities, but they did not coordinate efforts on a national level.

The powerful sex worker movement that resulted continues to collaborate on advocacy activities and responses to government action from coast to coast. Strategic litigation can also strengthen social movements by providing an opportunity for coalition building and connecting the experience of marginalized groups with issues of concern to the larger public. In Uganda, a series of cases aimed at addressing maternal mortality resulted in a coalition of about organizations working to advance maternal health in the country and strengthened the connection between local and international advocates.

This coalition continues to coordinate its activities on this issue long after the issuance of a number of favorable judicial decisions and has facilitated the development of unlikely allies, including between health service organizations and legal organizations. Finally, when strategic litigation is conducted in collaboration with affected communities, it can restore dignity and agency to these communities and contribute to the development of leadership.

In a challenge to a ban on OST in Russia, the plaintiffs in the litigation have been motivated and empowered by their involvement in the case to carry out further advocacy activities on the rights of people who use drugs, despite the significant harassment they have faced because of their activism. She speaks publicly regarding being a transgender person in Kenya, and the need to strengthen and enforce the rights of transgender persons. This paper draws on lessons from the HIV field to explore the benefits of strategic litigation for health along three dimensions: 1 impacts on law, policy, and practice; 2 impacts on public discourse; and 3 impacts on movement building.

It reveals the importance of taking a broader focus, which includes both direct and indirect impacts, and viewing strategic litigation within a larger context of future cases, actions by the various branches of government, and construction of a social discourse and historical record. Moreover, strategic litigation has a reciprocal relationship with social movements. Social movements often play a critical, complementary role to the litigation, and the litigation, in turn, strengthens them.

Strategic litigation provides vital opportunities for advocacy, media engagement, coalition building, and the emergence of leadership. Strategic litigation can be a powerful tool to advance health, and it is to be hoped that an understanding of its functioning across the various dimensions can make it more effective. National Center for Biotechnology Information , U. Journal List Health Hum Rights v. Health Hum Rights. Find articles by Tamar Ezer. Find articles by Priti Patel.

Author information Copyright and License information Disclaimer. Please address correspondence to Priti Patel. Email: zn. Abstract The HIV movement has relied on strategic litigation as an important tool to develop and enforce legal protections critical to health. Introduction The impacts of law on health have long been recognized. Changing laws, policies, and practices Strategic litigation generally aims to change laws, policies, or practices.

Shaping public discourse Strategic litigation can play an important role in shaping public discourse relevant to health. Strengthening movements Strategic litigation has a reciprocal relationship with social movements. Conclusion This paper draws on lessons from the HIV field to explore the benefits of strategic litigation for health along three dimensions: 1 impacts on law, policy, and practice; 2 impacts on public discourse; and 3 impacts on movement building.

References 1. Talbot S. Health and Human Rights Journal. Litigating health rights: Can courts bring more justice to health? Constitution of the World Health Organization. Cambridge: Harvard University Press; This publication defines health in terms of mental, physical, and social well-being. WHA Available at. Risks, rights and health. Courting rights: Case studies in litigating the human rights of people living with HIV.

Conversely, in countries with legal protection and the protection of human rights for these people, many more have access to services. As a result, there are fewer [HIV] infections, less demand for antiretroviral treatment and fewer deaths. Not only is it unethical not to protect these groups; it makes no sense from a health perspective. Gloppen S. Justice programs for public health: A good practice guide.

New York: Open Society Foundations; Roa M.. Klugman B.. For a broader discussion of the impact of strategic litigation and lessons learned, see. November, , pp. Cummings and D. For additional case studies and discussion of strategic litigation in the context of health, please see AE Yamin and S. Gloppen, eds, Litigating health rights: Can courts bring more justice to health? Cambridge: Harvard University Press, September Mapondera G..

Smith D.. The Guardian. May 20, June 8, Canavera M.. June 4, Viljoen F.

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