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 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.


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).


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 .


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”..


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.


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


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.


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?


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).


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


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.


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.


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


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


11 DefineDefine

22 RecognizeRecognize

33 EnforceEnforce

The Essence of Human Rights AdvocacyThe Essence of Human Rights Advocacy


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


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.




the rightthe right


the rightthe right

Substantive level




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.




the rightthe right


the rightthe right

Substantive level




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




the rightthe right


the rightthe right

Substantive level




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.”


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


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


3. 3. STRATEGYSTRATEGY

♦Clear objectivesClear objectives♦Clear demandsClear demands♦Clear targetsClear targets♦Activit ies plannedActivit ies planned♦Schedule madeSchedule made


4. Communication4. Communication♦Message reaches Message reaches publicpublic

♦Message reaches Message reaches policy makerspolicy makers


5. Mobil ization5. Mobil ization♦Plan implementedPlan implemented♦Interested/affected Interested/affected

groups take action to groups take action to affect changeaffect change


GoalGoal

LeadershipLeadership

StrategyStrategyAnalysisAnalysis

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 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?


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?


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.


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


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.

slides for unit 4 advocacy

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