Journal

Strategic Litigation as a tool to help the Afghan 1F’ers in the Netherlands

Date: 
02/16/2017

Introduction

One of the strategic litigation cases of the Dutch Public Interest Litigation Project (PILP), a project of the Dutch section of the International Commission of Jurists (NJCM), is about the so-called Afghan 1F’s. This blog aims to highlight the problem of the ‘Afghan 1F’ers’ in the Netherlands and it aims to demonstrate the way in which PILP has built litigation against the state.

Afghan refugees in legal limbo

Article 1F of the...

Is strategic litigation a way of ensuring that the rights of unaccompanied minors are fully considered in law, policy and practice?

Date: 
02/15/2017

Introduction

According to Hannah Arendt civil disobedience is a non-violent opinion, openly expressed in public and directed at doubtful laws and policies imposed by governments. Strategic litigation could be considered as a form of civil disobedience which seeks to achieve changes in policies and raise public awareness to promote and ensure human rights. This type of litigation has developed from what some...

Strategic Litigation at a European Level

Date: 
02/14/2017

What is strategic litigation and why is it important?

Strategic litigation is an important aspect of refugee protection and, indeed, for human rights protection generally, whereby cases are taken with a specific aim of benefitting as many people as possible by bringing about a change in the law and/or its implementation in practice. Of course, even using the term ‘strategy’ gives the impression that there is a set list of criteria that a case can meet to become strategic and while it may be true that there are criteria that can attach to a case that will, if...