Litigation process of social movements as a driver of norm transformation?

Gönenç, Defne

doi:10.1080/09557571.2018.1556245

Cited by 2 publications

(2 citation statements)

References 54 publications

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“…The strategies used by climate change and social justice social movements have framed narratives and discourses beyond the court (Noonan 2018), attracting media attention, intensifying the pressure on political leaders to act (Gönenç 2019), and presenting vulnerable communities, particularly Indigenous communities, greater avenues for participation and resistance (Benjamin and Seck 2022). Siegel (2004:14) argues that "social movements may well be better vehicles for incubating, articulating, and justifying evolving understandings of the nation's constitutional values than the regular institutions of democratic governance."…”

Section: Theoretical Framework: Social Movements and Climate Justicementioning

confidence: 99%

“…She further states they may also "strengthen law precisely as it unsettles it, enabling and, on occasion, moving [it]" (Siegel 2004: 22). While the views on how effective litigation is as a strategy in the pursuit of social change vary, this process of unsettling holds transformative potential (Gönenç 2019).…”

Section: Theoretical Framework: Social Movements and Climate Justicementioning

confidence: 99%

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Bringing It All Together: Leveraging Social Movements and the Courts to Advance Substantive Human Rights and Climate Justice

Smith-Carrier

Manion

2022

Hum Rights Rev

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Although significant literature and jurisprudence has amassed on rights-based climate litigation over recent years, less research and case law has emerged on poverty-related court cases and the fulfilment of economic, social, and cultural rights (ESCR) in Canada. Fewer still are studies exploring the interlinkages between these areas of inquiry. The purpose of this paper is to explore, using Canada as a case study, rights-based developments in climate litigation cases and how these could impact the innovative advancement of ESCR (e.g. to food, housing and water). Typically, issues of justiciability and standing emerge, impeding the realization of such rights. Given the grave threats we now face, climate cases and social movements must be brought together to better hold state actors accountable for their rights obligations. We implore the legal community to explore ways to traverse juridical obstacles to realize the interdependencies of human rights and protect the planet from calamitous climate change.

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Section: Theoretical Framework: Social Movements and Climate Justicementioning

confidence: 99%

Section: Theoretical Framework: Social Movements and Climate Justicementioning

confidence: 99%

Bringing It All Together: Leveraging Social Movements and the Courts to Advance Substantive Human Rights and Climate Justice

Smith-Carrier

Manion

2022

Hum Rights Rev

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Enforcing Citizen Participation Through Litigation: Analyzing the Outcomes of Anti-Dam Movements in Brazil and Chile

Heinelt¹,

Lima²

2023

Lat Am Polit Soc

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In environmental politics, social movements play a crucial role, promoting participatory rights and confronting injustice, inequality, and the interests of the powerful. This article examines an underexplored topic in the literature on social movements, especially in Latin America: the use of litigation to force decisionmakers to comply with participatory formats, specifically in the course of opposition to hydroelectric dams. These projects often are destructive to the local environment and communities. This study examines four cases of environmental litigation that halted dam construction in Brazil and Chile, singling out causal pathways for successful collective action. It focuses on two dimensions of movement success: the implementation of participatory formats and the resulting cancellation of dam projects. In line with the joint effect model of social movement theory, the cross-case comparison of legal disputes shows that pursuing legal strategies in parallel to broad social mobilization and the support of institutional allies, can lead to successful outcomes.

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Litigation process of social movements as a driver of norm transformation?

Cited by 2 publications

References 54 publications

Bringing It All Together: Leveraging Social Movements and the Courts to Advance Substantive Human Rights and Climate Justice

Bringing It All Together: Leveraging Social Movements and the Courts to Advance Substantive Human Rights and Climate Justice

Enforcing Citizen Participation Through Litigation: Analyzing the Outcomes of Anti-Dam Movements in Brazil and Chile

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