ee 10.9 Advocacy Strategy: Supporting Strategic Litigation for
S
more detailed guidance on the role paralegals can play in litigation
processes, which is similar for both strategic and individual litigation.
Many “strategic” cases grow out of litigation to resolve issues that
arise in the ordinary course of running your program, so it’s important
not to draw too formal a distinction between the two categories.
9.9 Empowerment Initiatives
As well as incorporating empowerment into project design and
paralegal casework, some projects may wish to run specific community
empowerment activities to build capacity or enhance autonomy with
the aim of accessing rights. Empowerment activities can be helpful even
if your paralegal project can do little to achieve real change. Sensitizing
communities to their rights can be empowering and eventually lead to
change. This should be done with a conflict-sensitive approach because
attempting to address power imbalances through such initiatives may be
seen as controversial or even have a negative effect in certain climates.
Paralegal safety should never be put at risk.
These strategies might include:
• “ Know your rights” workshops, aimed at the community in general,
or a specific demographic such as women, parents of school-age
children, historic migrants, failed asylum seekers, etc.
CASE STUDY
PRCBC opposes the
prohibitively high fees charged
by the UK Home Office for
children who are entitled to
register as British citizens, as
this effectively negates their
right. The organization has
litigation pending to urge that
only a fee equivalent to the
authorities’ administrative
expenses should be charged.
PRCBC also opposes the
“good character” requirement
for children, and how it is
implemented. They have fought
this through litigation and
advocacy, and helped convince
the Independent Chief Inspector
of Borders and Immigration
to investigate Home Office
practice.
• “ Comprehensive justice” workshops, which address the psychological
consequences of injustices like denial of legal identity papers, in
order to allow clients to grow and move on, regardless of legal
outcomes, particularly when these can take years to materialize.
•P
ublic events to spread awareness of rights on a mass scale. These
events should invite audience participation in order to increase
debate and use of empowering information. Strategies might include
participatory theater sessions or call-in radio shows.
• L
eadership programs in which paralegals train volunteers who have
an interest in helping their communities. Successful community
organizing depends on strong local leaders, which such events
can build. You might wish to select leaders from specific groups of
concern, such as young women.
•C
reative or cultural initiatives, such as “theatre of the oppressed”
which empowers people to communicate and analyze sensitive or
complex topics.
•P
ractical measures to help people access rights, such as convincing
local employers to hire individuals your project targets, convincing
healthcare providers to treat individuals denied healthcare coverage
free of change, or convincing schools to educate children without
official proof of identity.
RELATED RESOURCE
The International Refugee
Rights Initiative’s pro bono
legal aid directory covering
most countries may help locate
legal support, particularly in
displacement contexts.
DISCRIMINATION
EMPOWERMENT
SUSTAINABILITY
DATA
RELATED RESOURCES
(EXTERNAL)
RELATED SECTIONS
(WITHIN)
A C O M M U N I T Y- B A S E D P R A C T I T I O N E R ’ S G U I D E : D O C U M E N T I N G C I T I Z E N S H I P A N D OT H E R F O R M S O F L E G A L I D E N T I T Y
|
115
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents