Full Description
In light of the failure of traditional legal methods to provide justice for unaccompanied migrant children, this book argues the need for alternative forms of legal advocacy. Taking a multidisciplinary approach, it examines whether strategic lawyering may be capable of bringing about transformative bottom-up changes that go beyond isolated ad hoc decisions. Taking the case of the R.Y.S. v. Spain, the work identifies the factors that strategists must keep in close consideration throughout litigation in order to amend the law and improve public policies. It analyses the wide range of international tribunals and UN committees that are accessible to individuals, with a focus on those available to unaccompanied migrant children. It further outlines the criteria for selecting the most appropriate legal forum, explores the critical challenges that litigants may encounter in practice, and studies how to integrate non-legal actors to improve the overall strategy. Finally, the book proposes means for determining whether the strategy implemented has resulted in an impact and, if so, what that impact has been. Combining theoretical analysis with empirical insights, the book will equip academics, advocates and policy-makers with the necessary tools to maximise the effectiveness of strategic litigation in advancing migrant children's rights.
Contents
Introduction: The Unfolding of the Individual as a Subject of International Law; 1. Unveiling Strategic Litigation: Theoretical Insights and Transformative Effects; 2. The "Litigation Strategy" of Strategic Litigation: The Judicial or Quasi-Judicial Prelude; 3. Providing Teeth to International Law: The Litigation Strategy of the R.Y.S. v. Spain Case; 4. Assessing the Impact of the R.Y.S. v. Spain Case; 5. Conclusions; 6. References; 7. Appendices
