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Podcast Episode

Strategic Human Rights Litigation in Australia, with Dr Ebony Birchall

In the CAVE: An Ethics Podcast·Macquarie University Research Centre for Agency, Values, and Ethics (CAVE)·15 July 2026·36 min

About this episode

Strategic human rights litigation sits at the intersection of law, ethics, and politics. It promises that courts can serve as vehicles for driving social progress by giving voice to those who have been marginalised. But this promise comes with significant challenges: the absence of a federal bill of rights in Australia, the risks of backlash and bad precedent, the danger that the voices of those most impacted get lost in the legal strategy.   In this podcast, Professor Paul Formosa and guest, Dr Ebony Birchall, discuss strategic human rights litigation in Australia and beyond. The podcast features Ebony’s work, including:   Ebony Birchall (ed), Strategic Human Rights Litigation in Australia (Federation Press, 2025). Ebony Birchall, ‘An Introduction to Strategic Human Rights Litigation in Australia’ in Ebony Birchall (ed), Strategic Human Rights Litigation in Australia (Federation Press, 2025). Ebony Birchall, Surya Deva and Justine Nolan, The Impact of Strategic Human Rights Litigation on Corporate Behaviour (The Freedom Fund, 2023). Open access online: https://cdn.freedomfund.org/app/uploads/2024/03/LitigationImpactReport_2023.pdf