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

Abstract

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.

All That Glitters Is Not Gold? Civil Society Organisations and the (non‐)Mobilisation of European Union Law

“…The first focuses on the moment of mobilisation of the law and tries to find explanations for when the law is mobilised (see for an overview of such literature Conant et al, 2018). The second focuses on how the law is mobilised (Cummings, 2008;Cummings and Rhode, 2009), and the third focuses on the potential/impact of legal mobilisation (NeJaime, 2011;Vanhala et al, 2018). The current study builds on the first strand of research mentioned.…”