Learning Lessons from Litigators: Module 3-Remedial Enforcement
In the first two modules of this series we considered the fundamental questions that need to be considered when making strategic use of the courts to enforce the right to education. We evaluated the risks and benefits of litigation as one of several avenues for holding the government and private providers of education to account. We also explored the preliminary decisions that public interest litigators, civil society organisations and clients need to make at the early stages of litigation to ensure they build a strong case.
The success or defeat of a court claim is not the end of strategic litigation. A successful court claim does not necessarily guarantee on-the-ground change, while a negative outcome in the court process can ignite public debate and spark transformative change in other forums. Thus, regardless of the outcome of the litigation it is important to give careful consideration to crafting remedies and follow-up measures. This third module in our series explores the main factors the shape remedies and follow-up measures to the litigation.
Learning Lessons from Litigators: Realising the Right to Education Through Public Interest Lawyering is made in partnership with Open Society Foundations and ESCR Impact Acceleration Award.