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Chapter 9 - Litigating in Hard Times

Fragile Gains, Enduring Struggles

from Part II - What Is the Impact of Litigation at the European Court of Human Rights?

Published online by Cambridge University Press:  26 February 2026

Filiz Kahraman
Affiliation:
University of Toronto
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Summary

This chapter reflects on what international human rights litigation has achieved for labor movements in an era of growing repression and backlash against international courts. Focusing on the experiences of Turkish public sector unions and blacklisted workers in the UK, it addresses a central question: Can international courts meaningfully support workers’ rights in the face of neoliberal restructuring and authoritarian resurgence? The chapter argues that while human rights law is no substitute for rank-and-file mobilization, it has provided activists with tools to contest repression, demand accountability, and carve out political space in hostile environments. Legal victories have not reversed the long-term weakening of organized labor, but they have enabled fragile gains – moments of visibility, legitimacy, and mobilization – that matter both symbolically and materially. Labor’s engagement with human rights remains pragmatic, and hence potentially tenuous; but the resources, aspirations, and alliances this engagement leaves behind can seed future movements. Drawing out both the limits and possibilities of international legal mobilization, the chapter closes by emphasizing the enduring struggles and adaptive strategies of labor in hard times.

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