The Art of Strategic Litigation: Ángela González Carreño v. Spain

Abstract

Strategic litigation is presented as a comprehensive defense approach aimed at progressively promoting structural reforms within and beyond the legal forum. The uniqueness of this legal methodology lies in its potential to challenge laws and public policies through the use of legal and paralegal avenues, which together provide a holistic approach to complex social issues. Drawing on the analysis of the emblematic case Ángela González Carreño v. Spain, this article seeks to evaluate the effectiveness of strategic litigation to generate broad, cross-cutting impacts on a cause that affects the wider social fabric, through an ad hoc case study. In pursuit of this goal, the paper begins with a review of the conceptualisation and evolution of this innovative approach to lawyering. Next, a detailed examination of the pursued legal strategy is conducted, considering both legal and paralegal elements. Finally, the article concludes with a comprehensive impact study addressing the legislative, political, and social changes resulting from the practical application of the legal methodology under analysis.