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Role of Law in SocietyRole of Law in Society Societies organize themselves in order Societies organize themselves in order
to develop, allocate, and utilize to develop, allocate, and utilize resources for the social and economic resources for the social and economic benefit of their members. benefit of their members.
Law is the mechanism for regulating Law is the mechanism for regulating economic, social, and political process economic, social, and political process in society.in society.
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The Law regulates access to The Law regulates access to resources, i.e.,resources, i.e.,
economiceconomic (land, jobs, credit and other (land, jobs, credit and other goods and services) and goods and services) and
politicalpolitical (participation and power over (participation and power over the allocation or administration of the allocation or administration of economic and social resources). economic and social resources).
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How the law can fail us:How the law can fail us: By the formulation of laws and policies that are aligned toward the By the formulation of laws and policies that are aligned toward the
benefit of some and the burden of others;benefit of some and the burden of others; By the arbitrary or selective application of laws or policies; andBy the arbitrary or selective application of laws or policies; and By the attitudes and behaviours of people that promote or condone By the attitudes and behaviours of people that promote or condone
the existence of inequitable laws and uneven compliance .the existence of inequitable laws and uneven compliance .
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Examples of laws that Examples of laws that disadvantage women:disadvantage women: laws (state or customary) that favor males in family matters laws (state or customary) that favor males in family matters
(e.g., marriage, divorce, inheritance, parental authority)(e.g., marriage, divorce, inheritance, parental authority) laws or law enforcement systems that victimize the victim of laws or law enforcement systems that victimize the victim of
rape while treating the perpetrator with leniencyrape while treating the perpetrator with leniency labor laws that fail to protect “women’s occupations”labor laws that fail to protect “women’s occupations”..
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Advocacy as a response:Advocacy as a response: Advocacy is a political process designed to influence law and Advocacy is a political process designed to influence law and
policy decisions at national and international levels. policy decisions at national and international levels. Advocacy is citizen-initiated and aimed at changing the Advocacy is citizen-initiated and aimed at changing the
interests/needs/ desires of citizens into definable policies, interests/needs/ desires of citizens into definable policies, practices, or rights. practices, or rights.
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Components of the legal system:Components of the legal system:
Substance:Substance:What the What the law sayslaw says
Structure:Structure:How the law is How the law is
appliedapplied
Culture:Culture:How people How people
regard the lawregard the law
Laws
People
Institut ions
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Dynamics of the the Legal SystemDynamics of the the Legal System
Substance of the lawSubstance of the law Structure of the lawStructure of the law
Culture of the lawCulture of the law
•ConstitutionsConstitutions•LegislationLegislation•Administrative rulesAdministrative rules
•CourtsCourts•Law EnforcementLaw Enforcement•Administrative Administrative AgenciesAgencies
•Shared attitudes and Shared attitudes and behaviors about the behaviors about the law.law.
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Basis of Strategy: Problem Basis of Strategy: Problem AnalysisAnalysis
Substance of the lawSubstance of the law Structure of the lawStructure of the law
Culture of the lawCulture of the law
Where is the problem located? Where is the problem located?
Why is i t a problem?Why is i t a problem?
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Identifying the root of the problemIdentifying the root of the problem
Is the problem rooted in a discriminatory or unjust Is the problem rooted in a discriminatory or unjust formulation of the law? formulation of the law? (Substance)(Substance)
Is the problem rooted in the arbitrary or inequitable Is the problem rooted in the arbitrary or inequitable application of the law? application of the law? (Structure)(Structure)
Is the problem rooted in people’s acceptance or promotion Is the problem rooted in people’s acceptance or promotion of unjust laws or application of the law of unjust laws or application of the law (Culture).(Culture).
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Strategies and the Legal SystemStrategies and the Legal System
If the problem is rooted in the If the problem is rooted in the substance of the law, substance of the law, the the strategy will seek to change the strategy will seek to change the lawlaw
If the problem is rooted in the If the problem is rooted in the Culture of the law, Culture of the law, the strategy the strategy will seek to change people and will seek to change people and how they behave.how they behave.
If the problem is rooted in the If the problem is rooted in the Structure of the law, Structure of the law, the the strategy will seek to change strategy will seek to change institutions and how they apply institutions and how they apply the lawthe law
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Advocacy STRATEGIES Address Advocacy STRATEGIES Address Failures of the System. Failures of the System. At the level of Substance:At the level of Substance: what the law or what the law or
policy sayspolicy says At the level of Structure:At the level of Structure: how state institutions how state institutions
apply or enforce the law apply or enforce the law At the level of Culture:At the level of Culture: how people regard the how people regard the
law.law.
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Characteristics of Advocacy Characteristics of Advocacy Strategies:Strategies:
They use and/or challenge the lawThey use and/or challenge the law They confront rights violations of inadequately defined rights They confront rights violations of inadequately defined rights They confront limitations in the substance or the law, the structure of They confront limitations in the substance or the law, the structure of
the law and culture of the lawthe law and culture of the law They employ formal legal methods and/or political methods.They employ formal legal methods and/or political methods.
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Human RightsHuman Rights Advocacy is a Advocacy is a process that:process that:
influences policy decisions at local, influences policy decisions at local, national and international levels in national and international levels in order to transform citizens’ interests order to transform citizens’ interests into functional entitlements and rightsinto functional entitlements and rights
Uses political means andUses political means and Uses human rights instruments and Uses human rights instruments and
mechanismsmechanisms
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The Dynamics of Human Rights AdvocacyThe Dynamics of Human Rights Advocacy
Defines the Defines the rightright
Assures Assures Enforcement of Enforcement of
the rightthe right
Gains Gains Acceptance of Acceptance of
the rightthe right
Substantive level
Cultural/People level
Structural/ inst i tut ional level
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11 DefineDefine
22 RecognizeRecognize
33 EnforceEnforce
The Essence of Human Rights AdvocacyThe Essence of Human Rights Advocacy
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Women’sWomen’s Human Rights Advocacy Human Rights Advocacy is a process thatis a process that influences policy decisions at local, influences policy decisions at local,
national and international levels in order national and international levels in order to transform women’s interests into to transform women’s interests into functional entitlements and rights and functional entitlements and rights and to to assure respect for and protection of assure respect for and protection of women’s human rightswomen’s human rights
Uses political means andUses political means and Uses human rights instruments and Uses human rights instruments and
mechanismsmechanisms
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At the substantive level, Women’s At the substantive level, Women’s human rights advocacy:human rights advocacy: Amplifies the definition and Amplifies the definition and
understanding of human rights and their understanding of human rights and their violations to include the rights and violations to include the rights and abuses of women. abuses of women.
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Defines the Defines the rightright
Assures Assures Enforcement of Enforcement of
the rightthe right
Gains Gains Acceptance of Acceptance of
the rightthe right
Substantive level
Cultural/People level
Structural/ inst i tut ional level
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At the cultural level, Women’s At the cultural level, Women’s human rights advocacy:human rights advocacy:
Promotes understanding and Promotes understanding and acceptance of women’s human rights.acceptance of women’s human rights.
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Defines the Defines the rightright
Assures Assures Enforcement of Enforcement of
the rightthe right
Gains Gains Acceptance of Acceptance of
the rightthe right
Substantive level
Cultural/People level
Structural/ inst i tut ional level
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At the structural level, Women’s At the structural level, Women’s human rights advocacy:human rights advocacy:
Expands the scope of state Expands the scope of state responsibility for the protection of responsibility for the protection of women’s human rights in both the women’s human rights in both the public and private spherespublic and private spheres
Enhances the effectiveness of the Enhances the effectiveness of the human rights system at both national human rights system at both national and international levels in enforcing and international levels in enforcing women’s rights and holding abusers women’s rights and holding abusers accountableaccountable
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Defines the Defines the rightright
Assures Assures Enforcement of Enforcement of
the rightthe right
Gains Gains Acceptance of Acceptance of
the rightthe right
Substantive level
Cultural/People level
Structural/ inst i tut ional level
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11 22 33 ““Name” the Name” the human right.human right.
Assure the right’s Assure the right’s Enjoyment.Enjoyment.
Gain acceptance of the Gain acceptance of the right by inclusion in laws, right by inclusion in laws, constitutions, conventions,constitutions, conventions, etc.etc.
Research & Research & Fact Finding Fact Finding to:to:Define nature of Define nature of the right and/orthe right and/orIdentify its Identify its violations and/orviolations and/orShow the right Show the right has been violatedhas been violated
Human Rights AdvocacyHuman Rights AdvocacyGoals & MethodsGoals & Methods
Goa
lsG
oals
Me t
ho d
sM
e th
o ds
Political action to Political action to gain support for the gain support for the new understanding new understanding of the right throughof the right throughPublic educationPublic educationConstituency buildingConstituency buildingLobbyingLobbyingMobilization.Mobilization.
Monitoring and Monitoring and “litigation” to:“litigation” to:Hold state accountable Hold state accountable for violationsfor violationsSeek redress for Seek redress for victims,victims,Assure that the system Assure that the system “works.”“works.”
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1. Leadership1. Leadership♦Abil ity to init iate Abil i ty to init iate
advocacy effortadvocacy effort♦Abil ity to inspire and Abil i ty to inspire and
attract interestattract interest♦Abil ity to manage processAbil i ty to manage process♦Abil ity to mobil ize supportAbil i ty to mobil ize support
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2. Clear 2. Clear analysisanalysis
♦Clarity about the Clarity about the problem (research)problem (research)
♦Understanding of Understanding of the context polit ical the context polit ical & legal& legal
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3. 3. STRATEGYSTRATEGY
♦Clear objectivesClear objectives♦Clear demandsClear demands♦Clear targetsClear targets♦Activit ies plannedActivit ies planned♦Schedule madeSchedule made
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4. Communication4. Communication♦Message reaches Message reaches publicpublic
♦Message reaches Message reaches policy makerspolicy makers
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5. Mobil ization5. Mobil ization♦Plan implementedPlan implemented♦Interested/affected Interested/affected
groups take action to groups take action to affect changeaffect change
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GoalGoal
LeadershipLeadership
StrategyStrategyAnalysisAnalysis
Women, Law & Development International
CommunicationCommunication
The Advocacy Process in ActionThe Advocacy Process in Action
Achievement of
MobilizationMobilization
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Steps in Designing the StrategySteps in Designing the Strategy
Choosing the ProblemChoosing the Problem Analyzing the ProblemAnalyzing the Problem Defining OutcomesDefining Outcomes Designing the StrategyDesigning the Strategy Writing the PlanWriting the Plan Assessing the StrategyAssessing the Strategy
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Choosing the ProblemChoosing the Problem
Is it a problem that deserves attention?Is it a problem that deserves attention? Does it have human rights content?Does it have human rights content? What change can occur?What change can occur? Is it a compelling issue?Is it a compelling issue?
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Analyzing the ProblemAnalyzing the Problem What is the right involved in the selected What is the right involved in the selected
problem?problem? How is this right being violated?How is this right being violated? Who is the violator?Who is the violator? What is the role of the state?What is the role of the state? Can it be solved at the national level or can Can it be solved at the national level or can
an international mechanism be appropriate?an international mechanism be appropriate? What is the role of advocates and what will What is the role of advocates and what will
you be able to do?you be able to do?
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Defining OutcomesDefining Outcomes
What does the group want to achieve in What does the group want to achieve in taking on this issue?taking on this issue?
What is the desired outcome from the What is the desired outcome from the strategy?strategy?
What are the measures of success?What are the measures of success?
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Designing the StrategyDesigning the Strategy What kind a sequence of actions must take What kind a sequence of actions must take
place to achieve the desired outcome?place to achieve the desired outcome? What obstacles will have to be overcome?What obstacles will have to be overcome? Who are the potential allies, opponents, Who are the potential allies, opponents,
supporters?supporters? Who has the power to make the change Who has the power to make the change
happen?happen? (Answer the “who,” “what,” “when,” “where,” (Answer the “who,” “what,” “when,” “where,”
and “how” of action in this step.and “how” of action in this step.
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Writing the PlanWriting the PlanDescribe:Describe: The problem you will work onThe problem you will work on The people or groups who will collaborate on itThe people or groups who will collaborate on it The outcomes that will be achievedThe outcomes that will be achieved Demands to be placed on the government, if anyDemands to be placed on the government, if any A plan of action covering the list and sequence of A plan of action covering the list and sequence of
actions to be takenactions to be taken Target audiences and how you will engage themTarget audiences and how you will engage them Special considerations and resources neededSpecial considerations and resources needed
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Assessing the StrategyAssessing the Strategy This is an ongoing task of returning This is an ongoing task of returning
again and again to reconsider what has again and again to reconsider what has been done, whether the strategy is been done, whether the strategy is working, and what changes need to be working, and what changes need to be made. made.