What is strategic litigation?

There are times when a case in a court of law can impact more than just the people directly involved in it. The court’s decision may affect other children and young people’s rights by establishing an important point of law or principle. That means that other cases might use this point of law or principle in the future.

When a case like this comes up, the Commissioner may ask the court’s permission to intervene— become involved. When they do this, the Commissioner doesn’t take sides or represent children directly. Instead, they bring issues about children’s rights to the court’s attention to help the judge make a good decision. Doing this is a way of doing strategic litigation.

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