ILGA-Europe has a policy of encouraging member organisations to make use of strategic litigation to support their long-term advocacy objectives, particularly where this may give rise to cases of European significance at the European Court of Human Rights or the Court of Justice of the European Union.

Within this overall policy, ILGA-Europe is seeking to strengthen the capacity of member organisations to engage in strategic litigation through raising awareness within their organisation of its potential, through enhancing know-how, and through supporting development of long-term litigation strategies at national level.

ILGA-Europe is now calling for applications for grants of up to €3500 by member organisations from Council of Europe member states to enable them to conduct a project to develop their capacity for conducting strategic litigation in this way. Two such grants will be available. The grant can be used to co-fund a project (up to 50%) that has the same objectives of this call.

ILGA-Europe envisages that the following steps will normally be necessary in such a project:

1. Preparation of an expert paper or papers
   1. identifying key issues where litigation would be useful, taking into account the organisation's overall strategic objectives
   2. in relation to these key issues, assessing the current state of the law and any experience with previous cases at national level
   3. setting out the relevant Council of Europe/EU human rights standards and legal precedents regarding these issues identified
   4. evaluating practical steps such as "creating" cases or finding "victims", support for "victims", and media strategies
   5. preparation of an outline litigation strategy, proposing priority cases
2. Seminar
   A seminar of a minimum of one day bringing together key members of the organisation and national and possibly international legal experts to ensure there is a good understanding of strategic litigation, to discuss the expert paper or papers, to debate the different possibilities, and agree on an overall strategy.
3. Finalisation of a paper setting out the litigation strategy, and plans for next steps, in the light of the seminar
   It is recognised that the situation of individual member organisations varies considerably, depending both on the particular challenges facing the LGBTI community in their country, and on the extent of their experience of litigation. Alternative methodologies will therefore be considered, although in view of the need to develop organisational capacity, and set in place concrete strategies, a seminar of a minimum of one day, and a report documenting the agreed strategy, will be seen as important elements of any project proposal.

It must be emphasised that this call is not about funding a case that has already been identified. While the budget may include fees for legal experts to assist with preparation of the strategy, it must not include lawyers’ fees for preparation of specific cases.

Applications will be judged according to the following criteria:

• the quality and relevance of the project proposed, and consistency with the guidelines outlined above
• the need for litigation on the issues identified
• evidence of access to lawyers with the relevant skills
• access to potential litigants (people who can bring cases to court)
• potential for generating cases of European interest

The project may be conducted in either English or your national language, but an English-language summary of project documentation must be produced. Applicants should allow for a representative of ILGA-Europe to be present at the main project activity, but this person’s travel and accommodation will be covered by ILGA-Europe separately. The project must be completed by 30 November 2013.

Application Process

Please complete the application form and return it by email to Marharyta Babenko, Finance & Administration Officer, ILGA-Europe.

Deadline for applications is 11 February 2013. Applications will be assessed by a panel of external experts. Results of applications will be available by 25 February 2013.

Do not hesitate to contact Faika El-Nagashi, Programmes & Policy Officer, if you have any questions.

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Download the application form here

Find more information on strategic litigation and on how to use a legal case to advance the rights of LGBTI people on the ILGA-Europe website