Strategic litigation as a means to create change
Court judgments which uphold the rights of individuals can be key to bringing about broader social change. The Scotland Act 1998 and the Human Rights Act 1998, by integrating the rights guaranteed by the European Convention on Human Rights, are key tools in holding decision-makers to account for their respect for human rights. We see strategic litigation as a tool with the potential to further realise the rights of children and young people and thereby improve their lives.
We represented our client ABC to take his case on sibling rights in Children’s Hearings, based on article 8 ECHR, all the way to the Supreme Court. The legacy of ABC’s case was a change to the law on rules on brothers and sisters participating in Children’s Hearings which took effect on 26th July 2021 – read more about those here.
Interest in third-party interventions in cases before the Scottish courts is increasing. Clan Childlaw has intervened in three cases:
- The ‘Named person’ case in the Court of Session and the Supreme Court – read more here.
- AB v Her Majesty’s Advocate in the Supreme Court – read more here.
- In 2018 we intervened in writing in Supreme Court cases involving the disclosure systems in England and Wales and Northern Ireland ([2019] UKSC 3) read our intervention here
Children’s Rights Strategic Litigation Group
Clan Childlaw the Children’s Rights Strategic Litigation Group which meets as a forum for knowledge exchange and collaboration on using the law to further children’s rights in Scotland. If you would like to know more or join the group, please get in touch.
Strategic Litigation Resources
This webpage has articles about our work along with links to a variety of resources published by others about taking strategic court cases and intervening in cases as a third party.
