Stop Violence Against Women
Litigation as an Advocacy Strategy
last updated November 22, 2003

Litigation in national courts is an important advocacy strategy available to women's advocates around the world.

This section provides information about the ways in which litigation may be brought in national courts to raise international legal claims on behalf of women who have suffered violence because of their sex.

International law provides that national courts may exercise universal jurisdiction to adjudicate claims of violations of certain fundamental international legal principles such as the prohibition of torture and genocide.  For example, States Parties to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Genocide Convention and the Geneva Conventions confer jurisdiction on national courts over specific violations of the conventions regardless of where the violations have occurred. Violence based on sex may under certain circumstances be considered a form of torture, genocide and a violation of the laws of war set out in the Geneva Conventions.    

Women and their advocates may also bring legal action in the courts of European Union Member States to enforce provisions of European Union directives that create individual rights if the Member State involved has not taken adequate action to implement the provisions of the directive under national law.  Such action may be brought, for example, to the extent that a Member State fails to implement the directive relating to the equal treatment of women and men in employment.

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Litigation