18
5.2 Litigation
violations. ZLHR assists individuals who are victims of human rights
violations to assert their right to an effective remedy through claims for
damages for wrongful actions. Anti-impunity claims not only increase
accountability, but foster responsible action and facilitate reform by
those targeted in the long term.
The programme engaged in strategic human rights litigation that has
an impact on the wider community, thus benefitting more people
beyond the primary litigant in a specific case. Under this priority area,
ZLHR took up cases in three main categories. The first thematic area is
constitutional litigation, focusing on bringing cases before the constitutional court to challenge unconstitutional laws and arbitrary decisions
that are inconsistent with the Constitution. The second thematic area
is strategic impact litigation, focusing on court action to challenge arbitrary decisions by state functionaries that have the effect of violating
fundamental human rights. Strategic impact litigation normally has a
wider impact than the primary litigant for the case. ZLHR also expanded legal services for key populations and PLHIV. The third category is
anti-impunity litigation which seeks to strengthen the ability of the
public to hold state and non-state actors accountable for human rights
99 Of the strategic litigation cases, 31 cases related to economic, social
and cultural rights where ZLHR took advantage of the provisions of
the constitution that now enshrines economic, social and cultural rights
such as the right to education (section 75 of the Constitution), right
to health care (section 76), Right to food and water (section 77) and
protection against arbitrary eviction and demolition of homes (section
74).
Provincial location
LocationofofAccess
AccesstotoJustice
Justicecases
cases
100
91
90
80
70
62
ZLHR Annual Report 2015
60
50
37
40
30
20
23
17
10
2
6
7
2
0
Bulawayo
Harare
Manicaland
Mash
Central
Mash East Masvingo
Mat North Mat South Midlands
Select target paragraph3
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