VIOLENCE AGAINST WOMEN LITIGATION INSTITUTE

08:30 – 09:00

Registration

Facilitator: Victoria Amaechi

09:00 – 09:15

Introductions

House Keeping

Facilitators: Victoria Amaechi

Welcome Remarks

Facilitator: Achieng Orero

09:15 – 11.15

FLN Updates and Network Presentations

Guidance Questions

• What are the latest updates for FLN?
• Introducing FLN+
• Presentations of cases by network lawyers

Facilitator: Kay Mahonde-Chaterera

11:15 – 11:30  Tea Break

11:30 – 13:00

Contextual Analysis of Litigating Obstetric Violence in Africa: Conceptualization and Definition

Guidance Questions

• How is obstetric violence defined within feminist legal frameworks?
• Why is it important to distinguish obstetric violence from other forms of violence against women?
• What legal challenges exist in defining and prosecuting obstetric violence under current national and regional laws?
• How can the law be used strategically to recognize and redress obstetric violence while centering the lived experiences of women and marginalized groups?

Facilitator:  Kerigo Odada

13:00 – 14:00 Lunch Break

14:00 – 15:30

Contextual Analysis of Litigating Obstetric Violence in Africa: Manifestations of OV

Guidance Questions

• What are the forms and examples of obstetric violence commonly reported in African healthcare settings?
• How do intersecting factors such as gender, disability, ethnicity, and socioeconomic status shape the experience and severity of obstetric violence?
• In what ways do these manifestations of obstetric violence violate existing human rights and legal protections?
• How can identifying specific manifestations of obstetric violence support the development of targeted feminist strategic litigation?

Facilitator:  Kerigo Odada

15:30 – 15:45 Tea Break

15:45 – 16:45

Presentations on Assigned Readings: Resources One and Two

Guidance Questions:

• What are the main themes and legal principles highlighted in the assigned readings?

Facilitators: Mwamba Yurita Ngoma-Milambo and Gaudence Were

16:45 – 17:00

Introducing Moot Question, Teams, and Guidelines for Group Work

• Introducing the moot question

Facilitator: Achieng Orero

Moot Court Teams

Team 1

• Mwamba Yurita Ngoma-Milambo
• Nyeleti Baloyi
• Esther Gyamfi
• Wangui Gitahi

Team 2

• Gaudence Were
• Zekhethelo Cele
• Hazel Miseleni
• Tracey Lichuma

Team 3

• Umu Kulthum Sesay
• Mulenga Victoria Chilufya
• Glory Mwende Kairi
• Vitumbiko Mbizi

09:00 – 09:30

Recap of Day One

Discussion led by:

• Tracey Lichuma
• Glory Mwende Kairi
• Vitumbiko Mbizi

Facilitator: Zinhle Hlatshwayo

09:30 – 11.00

Normative Framework on Obstetric Violence: International and Comparative Regional Human Rights Systems

Guidance Questions:

• What key international human rights instruments explicitly or implicitly address obstetric violence, and how do they define or frame it?
• How have regional human rights systems in Africa, Europe, and Latin America developed normative standards or jurisprudence relating to obstetric violence?
• In what ways do international and regional human rights frameworks complement or conflict with national laws on obstetric violence?
• How can strategic litigation leverage international and regional human rights norms to advance accountability for obstetric violence in African contexts?

Facilitator: Maureen Awuor

11:00 – 11:30 Tea Break

11:30 – 13:00

Normative Framework on Obstetric Violence: African Context

Guidance Questions :

• How is obstetric violence defined and addressed within African human rights instruments and regional legal frameworks?
• What role does the African Charter on Human and Peoples’ Rights play in protecting women from obstetric violence?
• How have African regional bodies and courts interpreted and applied norms related to reproductive rights and obstetric violence?

Facilitator: Maureen Awuor

13:00 – 14:00 Lunch Break

14:00 – 15:00  

Normative Framework on Obstetric Violence: Jurisprudence and Existing Gaps

• What select national jurisprudence can we analyze in interrogating the normative framework on obstetric violence in Africa?
• What gaps exist in the current African normative framework regarding obstetric violence, and how can they be addressed through law and policy reform?

Facilitator: Maureen Awuor

15:00 – 15:15 Tea Break

15:15 – 16:15

Presentations on Assigned Readings: Resource Three

Guidance Questions:

• What key themes and issues related to normative framework on OV are highlighted in the assigned readings?

Facilitators: Umu Kulthum Sesay

16:30 Tea Break/End of Day

09:00 – 09:30

Recap of Day Two

Discussion led by:

• Hazel Miseleni
• Umu Kulthum Sesay
• Mulenga Victoria Chilufya

Facilitator: Zinhle Hlatshwayo

09:30 – 11:00

Opportunities for Strategic Litigation on Obstetric Violence

Guidance Questions:

• What legal avenues and jurisdictions offer the most promising opportunities for strategic litigation on obstetric violence in Africa?
• What low-lying litigation fruits are available in litigating obstetric violence in Africa?
• How can precedents from other countries or regions inform and strengthen strategic litigation efforts on obstetric violence?

Facilitator: Achieng Orero

11:00 – 11:30 Tea Break

11:30 – 13:00

Opportunities for Strategic Litigation on Obstetric Violence: Reflections

Guidance Questions:

• What role can survivors, civil society, and feminist organizations play in building cases and supporting litigation processes?
• How can strategic litigation on obstetric violence be designed to achieve both individual redress and broader systemic change?

Facilitator: Achieng Orero

13:00 – 14:00 Lunch Break

14:00 – 15:00

Opportunities for Strategic Litigation: Lessons

Guidance Questions:

• How did the engagement of communities, activists, and legal practitioners contribute to the success or challenges of these cases?
• What lessons can be drawn from select case studies about overcoming legal and procedural barriers in litigating obstetric violence?
• In what ways did these cases influence policy, legal reforms, or public awareness around obstetric violence?

Facilitator: Achieng Orero

15:00 – 15:30 Tea Break

15:30 – 16:30

Presentations on Assigned Readings: Resource 4

Guidance Questions:

• What key issues and themes related are emphasized in the assigned readings?

Facilitator: Mulenga Victoria and Tracey Lichuma

09:00 – 09:30

Recap of Day Three

Discussion led by:

• Gaudence Were
• Zekhethelo Cele

Facilitator: Zinhle Hlatshwayo

09:30 – 11:00

 VAW and Rights of Women with Disabilities: Contextual Analysis

Guidance Questions:

• What forms of violence are most commonly experienced by women with disabilities in your context, and how do these differ from or compound the violence experienced by women without disabilities?
• How do social, cultural, and institutional attitudes toward disability and gender contribute to the invisibility or normalisation of violence against women with disabilities?
• What barriers—legal, physical, communicational, or attitudinal—prevent women with disabilities from reporting violence, accessing protection, or seeking justice in your setting?

Facilitator: Dr Dianah Msipa

11:00 – 11:30 Tea Break

11:30 – 13:00

VAW and RWDs: Normative Framework and Jurisprudence

Guidance Questions:

• To what extent do constitutional, legislative, and policy instruments explicitly recognise the rights of women with disabilities as a distinct category requiring specific protection and promotion?
• Does the normative framework incorporate key international and regional standards—such as the CRPD, CEDAW, and the Maputo Protocol—with respect to the rights of women with disabilities? If so, how are these standards domesticated?
• Are there legal provisions that address the intersectional nature of discrimination faced by women with disabilities, and do they provide for effective remedies and enforcement mechanisms?

Facilitator: Dr Dianah Msipa

13:00 – 14:00 Lunch Break

14:00 – 15: 00

VAW and RWDs: Opportunities for Strategic Litigation

Guidance Questions:

• Are there emblematic or documented cases of violence against women with disabilities that could serve as a basis for strategic litigation to challenge systemic failures or discriminatory laws and practices?
• What legal gaps or inconsistencies exist between domestic law and international/regional human rights standards (e.g., CRPD, CEDAW, Maputo Protocol) that could be tested through litigation?
• What safeguards and participatory strategies are needed to ensure that women with disabilities are not only protected but also meaningfully involved as rights-holders in litigation processes?

Facilitator: 

15:00 – 16:00

Presentations on Assigned Readings: Resource 7

Guidance Questions:

• What key themes and issues related to succession and inheritance are highlighted in the assigned readings?

Facilitators: Nyeleti Baloyi and Glory Mwende Kairi

16:00 – 16:30 End of Day

09:00 – 09:30

Recap of Day Four

Discussion led by:

• Nyeleti Baloyi
• Esther Gyamfi

Facilitator: Zinhle Hlatshwayo

09:30 – 11:00

Guidance questions:

• How does the State’s legal and policy framework address its due diligence obligations to prevent, investigate, punish, and provide redress for acts of obstetric violence against women with disabilities?

Practical Exercise: Applying the Due Diligence Standard: Obstetric Violence and Violence Against Women with Disabilities

Instructions

You will work in groups. Each group will be assigned a case touching on either obstetric violence or VAW and RWDs. For your assigned case, answer the following:

1. Assess due diligence obligations:
• What should the State have done to prevent the violation?
• Did the State investigate and hold perpetrators accountable?
• Was there access to justice and redress for the survivor?
• Were gender and/or disability adequately considered in the State’s actions?
2. Draft a short legal or advocacy argument showing how the State failed its due diligence obligations.

Presentation

Prepare a 5–7-minute presentation summarising your findings and argument. Be prepared to discuss with the full group.

Facilitator: Dr Emmah Wabuke

11:00 – 11:30 Tea Break

11:30 – 13:00

Amicus Briefs: Foundations and Evolution

Guidance Questions:

• What is the historical origin of amicus curiae briefs, and how have their roles evolved in different legal systems over time?
• How do amicus curiae briefs function to influence judicial decision-making, particularly in cases involving public interest or human rights?

Facilitator: Carolene Kituku/Achieng Orero

13:00 – 14:00 Lunch Break

14:00 – 15:30 Presentations on Assigned Readings: Resources 8 and 9

Guidance Questions:

• What themes are given in the assigned readings?

Facilitators: For Resource 8 – Leah Aoko Kanyangi and Zekhethelo Cele

                  : For Resource 9: Vitumbiko Mbizi and Wangui Gitahi

16:30 End of Day

Optional Excursion

Submission of First Draft of Memorials

09:00 – 09:30

Recap of Day Five

Discussion led by:

• Mwamba Yurita Ngoma-Milambo
• Leah Aoko Kanyangi

Facilitator: Carolene Kituku

09:30 – 10:00

Feedback on Draft Moot Submissions

Facilitator:  Achieng Orero

10:00 – 11:00

Amicus Briefs in Feminist Strategic Litigation

Guidance Questions

1. How can amicus briefs be strategically used to highlight gendered and intersectional issues that may not be fully addressed by the primary parties in litigation?
2. What key feminist legal principles and frameworks should be incorporated in amicus briefs to effectively support women’s rights claims?
3. In what ways can amicus briefs influence judicial understanding and interpretation of laws affecting women, particularly in contexts of systemic discrimination?
4. What are potential challenges or limitations in using amicus briefs within feminist strategic litigation, and how might these be mitigated?

Facilitator: Achieng Orero/ Carolene Kituku

11:00 – 11:30 Tea Break

11:30 – 13:00

 Developing Effective Amicus Briefs

Guidance Questions

• What are the dos and don’ts in developing effective amicus briefs for FSL?
• How can an amicus brief be structured to foreground gender-sensitive legal analysis and feminist jurisprudence without duplicating the parties’ submissions?
• What strategies can be employed to ensure that the amicus brief offers unique feminist perspectives, lived experiences, or intersectional analyses that will assist the court in advancing substantive gender equality?

Facilitator: Achieng Orero/ Carolene Kituku

13:00 – 14:00 Lunch Break

14:00 – 15:30

Amicus Briefs in African Jurisdictions and ISLA’s Experience

Guidance Questions

• What comparatives and differences exist across different African states in developing and submitting amicus briefs?
• What specific methodologies has ISLA employed to appear as amicus?
• What templates or frameworks has ISLA developed for drafting amicus briefs?

Facilitator: Achieng Orero/ Carolene Kituku

15:30 – 15:45 Tea Break

15:45-16:30

Class Discussion: Resource 10 – All network lawyers are expected to read this

Guidance Questions

• talk us through what you consider to be a successful amicus intervention in their jurisdictions?

Facilitators: Achieng Orero/ Carolene Kituku

09:00 – 11:00

Practical Drafting Exercise:  

This drafting exercise is designed to evaluate the network lawyer’s legal knowledge and drafting skills in preparing an amicus curiae brief from a specified set of facts. Lawyers are expected to apply relevant legal principles, demonstrate persuasive reasoning, and adhere to appropriate procedural and formatting requirements.

Facilitator: Achieng Orero

11:00 – 11:30 Tea Break

11:30 – 13:00

Practical Drafting Exercise:

Facilitator: Achieng Orero

13:00 – 14:00 Lunch Break

14:00 – 15:30

Practical Drafting Exercise:  

Facilitator: Achieng Orero

15:30 – 15:45 Tea Break

15:45 – 16:30

Practical Drafting Exercise – Individual Feedback Session

Facilitator: Achieng Orero

16:30                                           

End of Day

09:00 – 11:00

Written Assessment

Facilitator: Zinhle Hlatshwayo

11:00 – 11:30 Tea Break

11:30 – 12:30

Individual Oral Assessment

Mulenga Victoria Chilufya

Glory Mwende Kairi

Nyeleti Baloyi

Facilitators:  Carolene Kituku, Achieng Orero, Emmah Wabuke

12:30 – 13:00

Individual Oral Assessment

Umu Kulthum Sesay

Mwamba Yurita Ngoma-Milambo

Facilitators:  Carolene Kituku, Achieng Orero, Emmah Wabuke, Winfred Odali

13:00 – 14:00 Lunch Break

14:00 – 15:30

Individual Oral Assessment

Wangui Gitahi

Gaudence Were

Vitumbiko Mbizi

Zekhethelo Cele

Facilitators:  Carolene Kituku, Achieng Orero, Emmah Wabuke, Winfred Odali

15:30 – 16:00 Tea Break

16:00 – 17:00

Individual Oral Assessment

Hazel Miseleni

Esther Gyamfi

Leah Aoko Kanyangi

Tracey Lichuma

Facilitators:  Carolene Kituku, Achieng Orero, Emmah Wabuke, Winfred Odali

17:00

End of Day

09:00 – 11:00

Moot Preparation

11:00 – 11:30 Tea Break

11:30 – 13:00

Moot Preparation

13:00 – 14:00 Lunch Break

14:00 – 16:00

Moot Court Preparation / Run of Show

16:00 – 16:30 Tea Break

09:00 – 13:15

Moot Court

Facilitator: Victoria Amaechi

13:15 – 13:30

Group Pictures

Facilitator: Victoria Amaechi

13:45 – 14:00

Closing Remarks

Sibongile Ndashe

14:00 Closing Lunch