Use Legal Action

A court case can challenge an unfair policy, law or procedure and lead to systemic change in the law that can benefit all citizens. In this sense, legal action not only responds to unfair practices, but it is proactive and helps create pressure to create a fairer system for all. While a strong legal case is often essential, it depends on your goals and situation. Even trials that do not end up in court can benefit communities and victims of abuse by ensuring transparency and greater public awareness. Before making a legal claim, conduct a risk assessment to assess the risks in your situation. In this assessment, you should try to balance your security needs with the potential benefits of an effective legal claim. If your goal is to ensure lasting change in your community, it`s not just the outcome of the individual court case that counts, but it`s often the broader campaign for justice alongside a legal case that is effective. You should therefore carefully consider how best to inform the media at the beginning of a court case and how best to maintain their continued interest and involvement as the case progresses. The prosecution process can be especially lengthy if there are multiple appeals against a court decision or if you have to take cases to several different courts in different countries to get justice. Example: Dhakal v. Nepal In Nepal, following a successful case brought by the victims` families, the Supreme Court ordered the government to change its policy of refusing to investigate past practices of enforced disappearance and providing remedies to victims.

It also ordered the government to set up a truth commission to investigate cases of enforced disappearance. This led to legal reform that benefited society as a whole, not just the families who filed the case. While litigation can be an effective way to obtain justice for marginalized communities, there are circumstances in which bringing legal proceedings may not be appropriate or able to meet your needs. Litigation often lasts several months or years. Therefore, it may not be appropriate to take legal action if you need a quick solution to an immediate problem. However, there are a number of ways in which applicants can obtain financial assistance or assistance for legal action. For example, even if they fail, court cases can shed light on previously secret information and tell the truth. Litigation often involves mandatory disclosure of relevant documents by each party.

This may mean that relevant evidence that is in the public interest can be uncovered. Legal action can be a great way to get justice if you have suffered loss, harm, or injustice. However, legal action is not always the best way to achieve the desired outcome. Successful litigation can change the way a law or policy is interpreted and applied. In this way, a lawsuit can establish a question of principle that governments and companies must follow. Such an outcome can clarify future behavior and define the legal obligations of public or private persons and organizations. By providing a tool that marginalized groups can use to challenge unjust actions, legal action can empower oppressed peoples. It can unite citizens and civil society groups with different interests and backgrounds, provide them with a forum to be heard, and create a common platform to push for change. While legal cases often take a long time to resolve, courts often have the power to issue emergency orders or take « interim measures » when responding to litigants` urgent needs. This allows litigants to find a temporary solution to an immediate problem while pursuing the long-term goals of bringing an action.

Beyond justice for affected individuals and communities, accountability can benefit society as a whole by affirming the importance of the rule of law in regulating State action and in upholding national and international human rights standards. We provide high-quality, personalized legal services to every client we serve. We also focus on legal work with a broader scope that targets systemic changes that help more people achieve a decent quality of life. Legal action can lead to significant reforms of policies and laws that violate human rights or constitutional provisions. For your claim to end up in court, it must have a solid legal basis. This means that your claim must include a genuine claim of legal rights that have been violated by the other party. Likewise, you must have the facts and evidence to prove that your legal rights have been violated by the other party. There are many benefits to using legal action as a tool to ensure justice. If you think legal action could help you and your community, it might be worth going further. Being aware of the risks associated with litigation is critical to your safety. While the risks can be significant, they depend on your situation, and there are often a number of strategies in place to reduce your security risks. However, if you do not have the time to file a dispute, it may be best to look for alternatives to the dispute.

When deciding whether or not to take action, it is important to consider the following factors.