Evaluating the Impact of Human Rights Litigation on Policy and Practice: A Case Study of the UK

Donald, Alice; Mottershaw, Elizabeth

doi:10.1093/jhuman/hup019

Cited by 8 publications

(6 citation statements)

References 1 publication

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“…We argue that the impact of litigation can start to show well before a legal case is decided and suggest that it is important to consider potential impact (and barriers to impact) from the very outset of a strategic legal challenge. Third, we agree with Donald and Mottershaw (2009) that there is always a trade-off between breadth and depth of analysis. While their study looks across cases we have chosen to take an in-depth approach by focusing on one strategically selected case study and engaging with a broad range of actors and data to try to understand how success was achieved.…”

Section: Introductionsupporting

confidence: 81%

“…Evaluating the broad range of impacts of legal cases is notoriously difficult (Donald and Mottershaw 2009;Epp 2009;Keck 2009;Rosenberg 1991;Vanhala 2011). The impact of a strategic legal intervention on subsequent changes in policy, practice and movement-building is not always clear-cut.…”

Section: Methodsmentioning

confidence: 99%

“…Current thinking on how to assess legal mobilization has urged scholars and practitioners to pay increased attention to methodological issues. For example, writing in this journal Donald and Mottershaw (2009) highlight important considerations in assessing the impact of strategic litigation. They conclude that: … in any national context where the rule of law pertains, an understanding of the levers which effect change is a prerequisite not just for promoting changes to policy and practice based upon human rights principles derived from legal judgments but also for evaluating the impact of any given case, since they determine where to look for the evidence.…”

Section: Introductionmentioning

confidence: 99%

“…In their study, which looks across a range of examples of human rights litigation, Donald and Mottershaw (2009) focus mainly on how to assess policy change and shifts in the practices of senior and frontline institutional actors. We recognise the strengths of the multiple case study approach they adopt and understand their focus on changes (or failures to change) in public authority practices.…”

Section: Introductionmentioning

confidence: 99%

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‘Let Us Learn’: Legal Mobilization for the Rights of Young Migrants to Access Student Loans in the UK

Vanhala

Lambe

Knowles

2018

Journal of Human Rights Practice

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Practitioners and scholars have argued that mobilizing the law can play a crucial role in translating human rights principles into transformative changes for rights holders. However, we have only a relatively embryonic understanding of the full range of mechanisms by which strategic legal action might lead to change and the conditions under which it is more or less likely to do so. Current thinking on how to assess legal mobilization has urged scholars and practitioners to pay increased attention to methodological issues. Our research builds on recent work to showcase the variety of mechanisms by which strategic legal action can translate into change. We seek to identify that factors that social justice practitioners should consider at each stage of the litigation process to improve the likelihood of success. We draw on an in-depth case study of mobilization by young migrants in the UK whose immigration status meant they could not access student loans for higher education thus violating their right to education. The analysis draws on a wide range of data including media analysis, organizational documents from the NGO supporting the young people and semi-structured interviews.

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Section: Introductionsupporting

confidence: 81%

Section: Methodsmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

See 2 more Smart Citations

‘Let Us Learn’: Legal Mobilization for the Rights of Young Migrants to Access Student Loans in the UK

Vanhala

Lambe

Knowles

2018

Journal of Human Rights Practice

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“…For example, civil society associations can submit reports to UN human rights committees that supplement and possibly contest the accounts that their national government prepares. On these lines, some 30 UK citizen groups supplied shadow reports to the United Nations Committee on Economic, Social and Cultural Rights in 2009 (CESCR, 2009; Donald and Mottershaw, 2009: 25–7). Among these, a submission from the Scottish Human Rights Commission drew attention inter alia to issues of inadequate housing and health inequalities (SHRC, 2009).…”

Section: Global Governance and The Alleviation Of Uk Povertymentioning

confidence: 99%

Poor people in rich countries: the roles of global governance

Scholte

2012

Global Social Policy

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Connections between global governance and poverty are usually made in relation to what are loosely called 'poor countries' of the 'global south'. However, global governance also significantly shapes dynamics of impoverishment in 'rich countries' of the 'global north'. These impacts become the more apparent when global governance is understood to involve not only well-known intergovernmental agencies such as the United Nations and the World Trade Organisation, but also additional institutional forms such as transgovernmental networks and private regulatory mechanisms. This broad complex of global governance has often exacerbated poverty in the global north: e.g., through neglect of the issue; through marginalisation of the people affected; and through the promotion of neoliberal policy frames. At the same time, global governance has in other ways also promoted poverty alleviation in 'high-income countries': e.g., with rules that work in their structural favour; with policy learning; with rights discourses; and with some promotion of global-scale social democracy. Thus the challenge for efforts to reduce poverty in the global north is, on the one hand, to counter the negative implications of global governance and, on the other hand, to nurture the positive forces. Global coalitions of anti-poverty campaigners -in particular across north-south lines -could especially serve these politics.

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From ‘Crimmigration’ to Governmentality: Theoretical Perspectives on the Management and Marketisation of Immigration Control

Hirschler

2021

Critical Criminological Perspectives

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Evaluating the Impact of Human Rights Litigation on Policy and Practice: A Case Study of the UK

Cited by 8 publications

References 1 publication

‘Let Us Learn’: Legal Mobilization for the Rights of Young Migrants to Access Student Loans in the UK

‘Let Us Learn’: Legal Mobilization for the Rights of Young Migrants to Access Student Loans in the UK

Poor people in rich countries: the roles of global governance

From ‘Crimmigration’ to Governmentality: Theoretical Perspectives on the Management and Marketisation of Immigration Control

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