Slides for unit 4 advocacy

Women, Law & Development International Chart # 4- 1
Role of Law in SocietyRole of Law in Society
 Societies organize themselves in orderSocieties organize themselves in order
to develop, allocate, and utilizeto develop, allocate, and utilize
resources for the social and economicresources for the social and economic
benefit of their members.benefit of their members.
 Law is the mechanism for regulatingLaw is the mechanism for regulating
economic, social, and political processeconomic, social, and political process
in society.in society.

The Law regulates access toThe Law regulates access to
resources, i.e.,resources, i.e.,
 economiceconomic (land, jobs, credit and other(land, jobs, credit and other
goods and services) andgoods and services) and
 politicalpolitical (participation and power over(participation and power over
the allocation or administration ofthe allocation or administration of
economic and social resources).economic and social resources).

How the law can fail us:How the law can fail us:
 By the formulation of laws and policies that are aligned toward theBy 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 condoneBy 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 .

Examples of laws thatExamples of laws that
disadvantage women:disadvantage women:
 laws (state or customary) that favor males in family matterslaws (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 oflaws 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”..

Advocacy as a response:Advocacy as a response:
 Advocacy is a political process designed to influence law andAdvocacy 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 theAdvocacy 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.

Components of the legal system:Components of the legal system:
 

Substance:Substance:
What theWhat the
law sayslaw says
Structure:Structure:
How the law isHow the law is
appliedapplied
Culture:Culture:
How peopleHow people
regard the lawregard the law
Laws
People
Institutions

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
•AdministrativeAdministrative
AgenciesAgencies
•Shared attitudes andShared attitudes and
behaviors about thebehaviors about the
law.law.

Basis of Strategy: ProblemBasis 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 it a problem?Why is it a problem?

Identifying the root of the problemIdentifying the root of the problem
 Is the problem rooted in a discriminatory or unjustIs 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 inequitableIs 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 promotionIs the problem rooted in people’s acceptance or promotion
of unjust laws or application of the lawof unjust laws or application of the law (Culture).(Culture).

Strategies and the Legal SystemStrategies and the Legal System
 

If the problem is rooted in theIf the problem is rooted in the
substance of the law,substance of the law, thethe
strategy will seek to change thestrategy will seek to change the
lawlaw
Culture of the law,Culture of the law, the strategythe strategy
will seek to change people andwill seek to change people and
how they behave.how they behave.
Structure of the law,Structure of the law, thethe
strategy will seek to changestrategy will seek to change
institutions and how they applyinstitutions and how they apply
the lawthe law

Advocacy STRATEGIES AddressAdvocacy STRATEGIES Address
Failures of the System.Failures of the System.
 At the level of Substance:At the level of Substance: what the law orwhat the law or
policy sayspolicy says
 At the level of Structure:At the level of Structure: how state institutionshow state institutions
apply or enforce the lawapply or enforce the law
 At the level of Culture:At the level of Culture: how people regard thehow people regard the
law.law.

Characteristics of AdvocacyCharacteristics of Advocacy
Strategies:Strategies:
 They use and/or challenge the lawThey use and/or challenge the law
 They confront rights violations of inadequately defined rightsThey confront rights violations of inadequately defined rights
 They confront limitations in the substance or the law, the structure ofThey 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.

Human RightsHuman Rights Advocacy is aAdvocacy is a
process that:process that:
 influences policy decisions at local,influences policy decisions at local,
national and international levels innational and international levels in
order to transform citizens’ interestsorder to transform citizens’ interests
into functional entitlements and rightsinto functional entitlements and rights
 Uses political means andUses political means and
 Uses human rights instruments andUses human rights instruments and
mechanismsmechanisms

The Dynamics of Human Rights AdvocacyThe Dynamics of Human Rights Advocacy
 

Defines theDefines the
rightright
AssuresAssures
Enforcement ofEnforcement of
the rightthe right
GainsGains
Acceptance ofAcceptance of
the rightthe right
Substantive
level
Cultural/People level
Structural/institutional level

 

11DefineDefine
22RecognizeRecognize
33EnforceEnforce
The Essence of Human Rights AdvocacyThe Essence of Human Rights Advocacy

Women’sWomen’s Human Rights AdvocacyHuman Rights Advocacy
is a process thatis a process that
 influences policy decisions at local,influences policy decisions at local,
national and international levels in ordernational and international levels in order
to transform women’s interests intoto transform women’s interests into
functional entitlements and rights andfunctional entitlements and rights and toto
assure respect for and protection ofassure respect for and protection of
women’s human rightswomen’s human rights
 Uses political means andUses political means and
 Uses human rights instruments andUses human rights instruments and
mechanismsmechanisms

At the substantive level, Women’sAt the substantive level, Women’s
human rights advocacy:human rights advocacy:
 Amplifies the definition andAmplifies the definition and
understanding of human rights and theirunderstanding of human rights and their
violations to include the rights andviolations to include the rights and
abuses of women.abuses of women.

 

rightright
AssuresAssures
the rightthe right
GainsGains
the rightthe right
Substantive
level

At the cultural level, Women’sAt the cultural level, Women’s
 Promotes understanding andPromotes understanding and
acceptance of women’s human rights.acceptance of women’s human rights.

 

rightright
AssuresAssures
the rightthe right
GainsGains
the rightthe right
Substantive
level

At the structural level, Women’sAt the structural level, Women’s
 Expands the scope of stateExpands the scope of state
responsibility for the protection ofresponsibility for the protection of
women’s human rights in both thewomen’s human rights in both the
public and private spherespublic and private spheres
 Enhances the effectiveness of theEnhances the effectiveness of the
human rights system at both nationalhuman rights system at both national
and international levels in enforcingand international levels in enforcing
women’s rights and holding abuserswomen’s rights and holding abusers
accountableaccountable

 

rightright
AssuresAssures
the rightthe right
GainsGains
the rightthe right
Substantive
level

11 22 33
““Name” theName” the
human right.human right.
Assure the right’sAssure the right’s
Enjoyment.Enjoyment.
Gain acceptance of theGain acceptance of the
right by inclusion in laws,right by inclusion in laws,
constitutions, conventions,constitutions, conventions,
etc.etc.
Research &Research &
Fact FindingFact Finding
to:to:
Define nature ofDefine nature of
the right and/orthe right and/or
Identify itsIdentify its
violations and/orviolations and/or
Show the rightShow the right
has been violatedhas been violated
Human Rights AdvocacyHuman Rights Advocacy
Goals & MethodsGoals & MethodsGoalsGoalsMethodsMethods
Political action toPolitical action to
gain support for thegain support for the
new understandingnew understanding
of the right throughof the right through
Public educationPublic education
Constituency buildingConstituency building
LobbyingLobbying
Mobilization.Mobilization.
Monitoring andMonitoring and
“litigation” to:“litigation” to:
Hold state accountableHold state accountable
for violationsfor violations
Seek redress forSeek redress for
victims,victims,
Assure that the systemAssure that the system
“works.”“works.”

1. Leadership1. Leadership
♦Ability to initiateAbility to initiate
advocacy effortadvocacy effort
♦Ability to inspire andAbility to inspire and
attract interestattract interest
♦Ability to manage processAbility to manage process
♦Ability to mobilize supportAbility to mobilize support

2. Clear
analysisanalysis
♦Clarity about theClarity about the
problem (research)problem (research)
♦Understanding ofUnderstanding of
the context politicalthe context political
& legal& legal

3.3.
STRATEGYSTRATEGY
♦Clear objectivesClear objectives
♦Clear demandsClear demands
♦Clear targetsClear targets
♦Activities plannedActivities planned
♦Schedule madeSchedule made

4. Communication4. Communication
♦Message reachesMessage reaches
publicpublic
♦Message reachesMessage reaches
policy makerspolicy makers

5. Mobilization5. Mobilization
♦Plan implementedPlan implemented
♦Interested/affectedInterested/affected
groups take action togroups take action to
affect changeaffect change

GoalGoal
LeadershipLeadership
StrategyStrategy
AnalysisAnalysis
Women, Law & Development International
CommunicationCommunication
The Advocacy Process in ActionThe Advocacy Process in Action
Achievement of
MobilizationMobilization

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

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?

Analyzing the ProblemAnalyzing the Problem
 What is the right involved in the selectedWhat 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 canCan 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 willWhat is the role of advocates and what will
you be able to do?you be able to do?

Defining OutcomesDefining Outcomes
 What does the group want to achieve inWhat does the group want to achieve in
taking on this issue?taking on this issue?
 What is the desired outcome from theWhat is the desired outcome from the
strategy?strategy?
 What are the measures of success?What are the measures of success?

Designing the StrategyDesigning the Strategy
 What kind a sequence of actions must takeWhat 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 changeWho 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.

Writing the PlanWriting the Plan
Describe: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 ofA 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

Assessing the StrategyAssessing the Strategy
 This is an ongoing task of returningThis is an ongoing task of returning
again and again to reconsider what hasagain and again to reconsider what has
been done, whether the strategy isbeen done, whether the strategy is
working, and what changes need to beworking, and what changes need to be
made.made.

Slides for unit 4 advocacy

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