A NHRI might have the power to bring
matters to court if its decisions are not
being adhered to; NHRIs should be prepared to use this power also with respect
to reproductive rights. NHRIs should also
consider intervening in court cases touching
upon reproductive rights issues as friends of
the court (amicus curiae) to ensure that the
relevant human rights provisions are taken
74
into account by the courts. When deciding
what cases to bring, a NHRI should consider
the public interest in a given matter, e.g.
whether there is a good chance of establishing new legal precedents that will enhance
the protection of reproductive rights. Such
strategic litigation can be done in collaboration with civil society, unless this might
prejudice the independence of the NHRI.
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