УЛОГА СТРАТЕШКИХ ПАРНИЦА У ЗАШТИТИ И ОСТВАРИВАЊУ ЉУДСКИХ ПРАВА
THE ROLE OF STRATEGIC LITIGATION IN THE PROTECTION OF HUMAN RIGHTS

Summary/Abstract: In the past fifteen years, strategic litigation, as a type of “public interest” lawsuits, has had a significant breakthrough and considerable impact in the field of protection of human rights. Its objective is to deploy law as an instrument for effecting wider social changes. By focusing on the specific case at issue, it tends to create a long-term benefit for the society beyond the individual case. Even though they are not a new kind of litigation in terms of the applicable rules of procedure, strategic litigations are specific kind of lawsuits for many reasons. Some of the questions raised by this new type of litigation are how to choose an appropriate party and a case with potential to draw wider public attention, how to estimate whether the case is worth litigating, and how to access the the effects of the final judicial decision. In this paper, the author discusses the potential that litigation as a dispute resolution method has on broader social changes in Serbia, particularly having in mind recent case law and media interest in the outcome of civil proceedings.

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