This thesis addresses strategic litigation with a focus on tackling human rights violations occurring in institutional residential settings in European countries for people with intellectual impairments. The thesis aims to determine the potential value of strategic litigation as a means to recognise and enforce the rights of this group, as well as to explore how this potential value can be realised.
The thesis adopts socio-legal research empirical methods, by exploring the experiences of key stakeholders involved with strategic litigation in the field of disability (including intellectual impairments) and human rights. Legal documentary analyses have been performed to establish the context for this research, at national (England, Ireland and Spain), European (Council of Europe -CoE- and European Union -EU-), as well as global levels. Qualitative interviews have been conducted with supranational and national disability and human rights organisations, and with lawyers working in the three national legal systems.
The findings reveal diverse factors that contribute to shaping the current state of affairs with regard to relevant national and supranational strategic litigation. People with intellectual impairments in institutional residential settings in European countries face several barriers to accessing justice and strategic litigation. Strategic litigators have to overcome the major barrier of making contact with this group. Strategic litigators experience further barriers to bringing strategic cases (for example, a lack of human resources). The findings include suggestions for overcoming and/or reducing some of these barriers.
In the area of access to justice and strategic litigation, for many people who are part of the group under analysis, there is either no, or poor, recognition. Strategic litigation has potential for tackling human rights violations happening in institutional residential settings. However, certain circumstances need to be met in order for this to happen. This thesis suggests different options for key stakeholders to be able to work towards overcoming the aforementioned challenges, thereby making it possible for strategic litigation to achieve its potential.
