Strategic litigation in the European Courts

In this section, you can find information about strategic litigation and how ILGA-Europe is working with this in the European courts. Moreover you can find resources for strategic litigation and links to relevant websites.

The Council of Europe and the European Union provide powerful instruments, particularly through judgments of the European Court of Human Rights (Council of Europe), and the Court of Justice of the European Union, for compelling individual member states to end discrimination on the grounds of sexual orientation and gender identity.

These judgments set human rights standards which apply to all member states. This fact, together with the widespread nature of this discrimination, and the extent of gaps in protection, means that successful cases on sexual orientation and gender identity can make a significant contribution to the achievement of equal rights for LGBTI persons across Europe.

If the potential of these instruments is to be maximised it is necessary to:

  1. Identify and publicise gaps in protection at European level
  2. Encourage and enable organisations and individuals to come forward with cases to fill these gaps
  3. Ensure that the legal resources are available to support these cases

ILGA-Europe aims to build its members capacities through advice, seminars and case support to achieve these objectives.

It also supports important cases directly by making interventions before the European Court of Human Rights as a Third Party (Amicus Curiae).

If you want to learn more about how to use strategic litigation to support your organisation’s advocacy, get started here by reading this ILGA-Europe strategic litigation fact sheet.

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If you want further information contact Nigel Warner, ILGA-Europe Council of Europe adviser.

European Court of Human Rights and litigation

Find in this section information about cases that have relevance to LGBTI issues. Moreover you can find links to resources that gives a good overview of litigation in this court, download written comments from ILGA-Europe and partners, and finally find media releases and news about cases from the court.

Court of Justice of the European Union and litigation

Find in this section information about cases that have relevance to LGBTI issues from the Court of Justice of the European Union.

ILGA-Europe events related to strategic litigation

Here you can find information about ILGA-Europe events on strategic litigation.

Resources on strategic litigation

Find publications, articles, links ect. produced by ILGA-Europe and others on strategic litigation.

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