The report The impact of strategic human rights litigation on corporate behaviour, commissioned by the Freedom Fund’s Corporate Accountability Initiative and authored by leading experts – Professor Surya Deva, Professor Justine Nolan, and Dr Ebony Birchall – examines the effects of strategic litigation on corporate behaviour, particularly regarding human rights. It introduces an Impact Framework to assess both positive and negative effects of litigation within the corporate ecosystem, involving stakeholders such as corporations, civil society organisations, and consumers. The framework identifies impact indicators, demonstrating how litigation can raise awareness, change corporate policies, and address power imbalances, while also noting potential negative effects like community divisions and corporate hesitance in transparency.
The report emphasises lessons from various cases, highlighting that although litigation can foster meaningful change, its effects are often slow and inconsistent. To enhance the impact of strategic litigation, the authors recommend selecting suitable cases, managing risks, collaborating with local partners, and using complementary redress mechanisms. They also stress the importance of securing sustainable funding and managing stakeholder expectations. The report concludes with actionable recommendations for litigators, corporations, funders, and states to foster corporate accountability and promote human rights through effective legal strategies.
Click here or on the image below to access the report.
