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Advocacy through strategic litigation

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By Lovina Manyara

Strategic litigation is a powerful tool for advancing reproductive justice. By strategically selecting cases and bringing them to court, advocates and activists can challenge laws, policies, and practices that infringe upon reproductive rights and access to reproductive healthcare. This approach allows advocates to not only seek legal remedies for individuals directly affected but also to impact broader systemic change.

Reproductive justice encompasses more than just the right to access abortion; it also includes the right to have children, the right to not have children, and the right to parent in safe and supportive environments. Strategic litigation can address various issues within this framework, such as barriers to contraception, inadequate reproductive healthcare for marginalized communities, restrictions on abortion access, and discriminatory policies affecting pregnant individuals and parents.

Through strategic litigation, advocates can challenge discriminatory laws, regulations, and practices that disproportionately impact marginalized communities, including people of color, low-income individuals, immigrants, and LGBTQ+ individuals. Successful litigation can lead to court decisions that affirm and protect reproductive rights, establish legal precedents, and compel legislative and policy changes.

Furthermore, strategic litigation can raise public awareness about reproductive rights issues, generate media attention, and mobilize grassroots support for policy reform. It can also serve as a catalyst for advocacy efforts beyond the courtroom, including legislative advocacy, community organizing, and public education campaigns.

Overall, strategic litigation plays a crucial role in advancing reproductive justice by holding institutions and policymakers accountable, protecting individuals’ rights, and promoting equitable access to reproductive healthcare and decision-making.

Lovina Manyara is a youth advocate and a Lawyer