clinical legal education: comparative global models
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Clinical Legal Education: Comparative Global Models. Legal Education & Public Interest Lawyering in East Africa: The Role of University –based Law Clinics Feb.5-6, 2014 Kampala, Uganda. General history-Overview. Development of CLE: 1960’s- 1970’s (US) - PowerPoint PPT PresentationTRANSCRIPT
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Legal Education & Public Interest Lawyering in East Africa: The Role
of University –based Law Clinics
Feb.5-6, 2014 Kampala, Uganda
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Development of CLE: 1960’s- 1970’s (US)
Idea borrowed from medical field—good pedagogical tool
Conducive environment/social factors—rights movement
Clinics mostly related to social justice objectives & challenging status quo
Institutional support from American Bar Association—student practice rules; accreditation (pushing for CLE at law schools)
Institutional/Uni support to make CLE part of the law school curriculum
Trend spreads to the Americas & Africa –models & focus shaped by context social factors & needs in the regions
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Walk-in legal aid clinics :widely across Africa, Americas; support to indigent; good exposure for students to live cases & clients; engage students in client representation; ethical dilemmas; honing of legal research & writing skills; responsibility for another human being; attention to the client.
Clinic course (with simulations): no live cases, purely pedagogical tool & not service oriented. Main goal-teaching legal skills through simulation.
Volunteer/Student-led clinics: not part of the curriculum, student-led initiatives that focus on engaging communities- legal assistance, referrals, legal empowerment.
Thematic specific clinics: tax, intellectual property, women, children, domestic violence, immigration, PwD, Human Rights, small business. (US-well funded CLE)
Street law/community law model: students visiting schools/communities to teach about the law, constitutional rights. Legal empowerment focused!
Strategic litigation clinics (public interest): focus on achieving fundamental legal, institutional reforms and tackling structural issues perpetuating human rights or constitutional rights violations at national or regional levels.
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Accredited course- part of law school curriculum (elective) Clinic seminar –teaching skills on legal representation, client-
centredness, legal research & writing, trial advocacy, simulations, class discussion of cases & ethical issues;
Live cases/projects assigned to student teams-full responsibility to handle cases & projects with minimal staff oversight; -cases address wide range of international human rights issues;
Supervision by clinic staff—close supervision to mentor students on client representation and making court submissions;
Student exposure: --Exposure to live international human rights issues,
jurisprudence, socio-economic and political context in other countries;
--Exposure to using the law as a tool for social change & legal or institutional reform
--Generating student interest & commitment to human rights law practice
--Enables ‘student agency’ in playing an active part in fundamental reforms
Fora: Regional and International Courts/Mechanisms targeted (ie: Inter-American Commission on Human Rights; UN
mechanisms);
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Strong emphasis on pedagogy- CLE as a tool to impart legal skills Legal aid clinics- service oriented; expose students to needs/rights
of indigent Specialized clinics- specific thematic focus clinics Human rights clinic model- first developed in the US & spread to
the Americas
Enabling factors: Social context—1960’s rights movement; interest in social justice
& human rights Support by ABA—CLE becomes part of law school curricula;
accreditation raises CLE profile Student practice rules enables students to litigate cases w/ staff
supervision Additional institutional support- CLEA; clinical conferences &
networks, funders w/ CLE interest Accreditation has made it easier to secure funds from core
university budget Interest in practical approach to teaching law in US (no mandatory
internship reqm’t)
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Legal services model predominate in Africa—influenced by social context!! Majority of universities in Africa with law departments/schools have a law
clinic. With exception of SA & Nigeria, boasting clinics in most of the law schools
across the 2 countries; most other countries may have established clinics only in the leading or main universities; CLE still not widespread across the region. Some have yet to establish a university-based law clinic as such.
Factors affecting development of predominant CLE in Africa: SOCIAL CONTEXT
--access to justice focus/meeting overwhelming demand for services by indigent communities
--filling the gap left by State -focus on professional training – “learning by doing” -weak funding sources—limited university budgets; -not focused on changing status quo or generating fundamental legal reforms Exception: SA –strong institutional support-State sponsors/supports
university-based law clinics- recognize role in promoting access to justice and complementing State duty to provide legal services
Recent trend- specialized clinics--example: HIV clinics & PwD clinics (external support)
No human rights or strategic litigation clinic model in the region—trend has not developed as yet.
Why not?? Limited political space to challenge gov’t action; limitations on student practice in court; formalistic law curriculum w/ focus on theory or commercial law?
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Student exposure: expose students to public interest law, human rights and social justice issues
Skills building: Hands-on experience with live cases & projects (critical legal analysis skills; human rights fact-finding and documentation; legal research & writing; advocacy skills; strategic lawyering skills; public speaking & presentation skills)
Agents of change: placing students at center of social change actions; students become players in fundamental legal & intuitional reforms
Professional training: placements w/ human rights NGOs (w/ supervision) hones professional skills
Commitment to public interest/human rights law- training a new generation of public interest lawyer; lawyers socially conscious and aware of civic duties to their community.
Bridging the gap between theory & practice: applying human rights law to real-life contexts & cases; students learn to appreciate and respond to complex socio-legal issues in context!
Learning in context: students exposed to topical issues and learn to address them through interactions with local human rights experts, advocates & activists; not purely theoretical learning.
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Securing funding (weak university support/financing); must compete for funds from external donors
Limited political space to allow for HR clinics challenging status quo
Formalistic law curricula w/ little appreciation of the human rights clinic model
Limitations on student practice in courts National judicial system/judiciary
rigidity/formalism