3(B). Purpose and objectives of strategic litigation

Objectives of strategic litigation may include:

1. Creating progressive jurisprudence which advances human rights;
2. Instigating reform of domestic laws which do not comply with international human rights laws;
3. Ensuring that laws are interpreted and enforced properly;
4. Documenting human rights violations;
5. Empowering people with disabilities who have been victims of human rights abuses and rebalancing historic injustices.

Strategic litigation can be used to develop legal standards and judicial practice at the national and international levels, or where law reform is already underway or proposed. It can also give content and scope to legal obligations which are underdeveloped at both the national and international levels. It is particularly useful in focusing awareness on issues faced by people without a strong voice in society, where their concerns fail to reach the policy table and are ignored by the media. Frequently, the concerns of people with mental disabilities are ascribed a low priority by decision-makers. Strategic litigation can be used to drive them to take action.