Front cover of Strategic Litigation Toolkit with white text on a green background. The Children and Young People's Commissioner Scotland logo in the top right hand corner. Graphics of a megaphone making noise and a graphic of the scales of justice tipping down to the left

Children’s Rights Strategic Litigation Toolkit

Introduction

We have developed this Strategic Litigation Toolkit to ensure that we use our powers in a way that is consistent with the Commissioner’s role to promote and safeguard children’s rights, and in compliance with the United Nations Convention on the Rights of the Child (UNCRC). It will also make sure that we are accountable, transparent and that our decisions are clear and fair.

The toolkit explains the Commissioner’s powers, sets out how we involve children and young people in strategic litigation and the principles that underpin this work. We also share the set of tools we have developed. The tools help us decide which cases we can get involved in as well as provide reasons for those decisions. It helps prepare children and young people who work with the office on legal cases, and explains to them what they can expect from this work. This is really important as it makes sure our decisions are transparent and makes us accountable for these decisions. 

The office worked with experts – at Advancing Child Rights Strategic Litigation, University of Nottingham Human Rights Law Centre, Impact Law for Social Justice, and Economic and Social Research Council – to create the toolkit. Our Young Advisors also helped with the language to make it more understandable to people who aren’t lawyers.  

Young Adviser Sophie said: “The office has come up with a guide to what strategic litigation means in their work to help everyone understand it better. You’ll be able to see clearly the tools the team use, and what questions they ask themselves to help make difficult decisions about which cases they can be involved in. 

Young Adviser Lewis added: “It’s an important part of how they should be answerable about the work they do to promote and protect our rights.” 

Work on the toolkit was supported by an ESRC Impact Acceleration Account grant.

Download toolkit

You can download or browse the toolkit below.

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