ABSTRACT

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.