This course will explore the theoretical and practical problems involved in the concept, types, venues and strategies of international human rights litigation. It takes a critical look at international human rights litigation to hold states accountable before regional bodies (the European Court of Human Rights, the Inter-American Commission and Court, the African Commission and Court of Human and Peoples Rights) and universal mechanisms (the treaty body and special mechanisms of the United Nations). The course examines the steps involved in litigation, such as case selection, client care, and forum choice, as well as the specific legal stages and requirements such as admissibility, exhaustion of domestic remedies, evidentiary rules and merits arguments. The course will evaluate the process of litigation before these bodies and their jurisprudence, as well as their role in promoting (or undermining) justice. Case studies will examine how to build a strong evidential record in support of the case, how to develop campaigning and advocacy to raise awareness of the issues involved, and how to implement a successful judgment. The course places litigation in its social and institutional context exploring issues of its legitimacy, as well as the ethics and accountability of human rights lawyering. The course relies on examples from various jurisdictions in the world illustrating the possibilities and limitations of international human rights litigation in theory and practice.
Dulitzky, Ariel E.