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UNESCO guide for amicus curiae interventions in freedom of expression case

Date of creation
EU or national law
EU law
Practice area
Human rightsLitigation, mediation, arbitrationProcedural lawRule of law
Type of self-learning material
Handbooks and guidelines
Target group
JudgesLawyersOtherProsecutors
Languages
ArabicChineseEnglishFrenchRussianSpanish
Links to language versions
Link
UNESCO guide for amicus curiae interventions in freedom of expression cases (En…

Description

By providing practical information on how to file amicus curiae briefs and setting out strategic considerations and do’s and don’ts, this Guide seeks to inform justice professionals about the topic of amicus curiae interventions. This Guide is set out in 6 parts:

  • A discussion of the main strategic considerations that organisations who are thinking of intervening in a case should take into account. This includes questions such as how an intervention fits into a broader campaign, the type of cases to intervene in, and whether to intervene alone or as part of a coalition;
  • A section providing case studies, each chosen to illustrate interventions before different types of court and in different scenarios;
  • A section discussing practicalities, including how to monitor cases, engage lawyers and communicate with parties in the case;
  • A section discussing technical legal requirements, before international human rights courts as well as at the national level;
  • Some recommended ‘do’s and don’ts’ in writing amicus curiae briefs, discussing what tone to strike and how to remain objective yet firmly set out the organisation’s perspective.
  • How to follow-up on a judgment, including monitoring implementation and engaging in post-judgment advocacy.