chapter  5
38 Pages

Critical engagement

Adopting a participatory approach to legal empowerment
WithAnna Lise Purkey

The final substantive chapter of this book examines how the principles underlying the fiduciary theory and state legal authority and the human rights-based capabilities approach can shape the implementation and design of legal empowerment initiatives by outlining the importance of a participatory approach to protracted refugee situations. Coming full circle, participatory legal empowerment is presented as a means of facilitating public deliberation necessary to establish threshold levels of central capabilities, and ensuring non-instrumentalization and non-domination as required by a dignity-centered approach. To this end, this chapter proposes a typology of participation, discusses the characteristics of an effective participatory framework, and identifies key principles in the implementation of effective participatory legal empowerment initiatives in protracted refugee situations.