Lessons from litigating for sexual and reproductive health and rights in Southern Africa

Abstract

This chapter focuses on lessons learnt from the experiences of the Southern Africa Litigation Centre (SALC) in instituting and supporting strategic litigation on sexual and reproductive health rights in Southern Africa. Strategic litigation in this context focuses on litigation with the potential to positively impact women’s sexual and reproductive health and rights(SRHR), by broadening the interpretation of the rights and working toward positive legal or other reforms in line with such interpretation. It accordingly consists not simply of the filing of a legal case, but also involves substantial research to ensure an effective outcome and sustained advocacy to support the case. Strategic litigation should lead to eventual reforms. Developing a strategy to ensure a tactical impact requires knowledge of the specific needs of women in the country, the laws and jurisprudence affecting these needs, and the extent to which litigation can have impact depending on the composition of the judiciary and the prevailing socio-political conditions in the country.