Identifying Barriers to Human Rights Litigation: A Phenomenological Study of Legal Practitioners

Abstract

This study aims to explore the barriers faced by legal practitioners involved in human rights litigation in Tehran, Iran, through a phenomenological approach, focusing on the challenges encountered within the legal, social, and personal contexts. A qualitative phenomenological design was used to collect in-depth data from 29 legal practitioners engaged in human rights litigation in Tehran. Data were gathered through semi-structured interviews, and thematic analysis was employed to identify key barriers. Participants were purposively selected to represent various levels of experience and areas of expertise in human rights law. Data analysis was conducted using NVivo software, with findings derived from theoretical saturation. The analysis revealed three primary themes: (1) Institutional and Legal Barriers, which included challenges related to judicial independence, state influence, legal framework constraints, and bureaucratic inefficiencies; (2) Social and Cultural Barriers, such as public apathy, cultural resistance, professional risks, and media misrepresentation; and (3) Strategic and Personal Barriers, including psychological toll, burnout, and lack of mentorship. These barriers were found to significantly impede the effectiveness of human rights litigation and to influence the career trajectories and well-being of practitioners. The study highlights the multifaceted challenges faced by legal practitioners in human rights litigation in Tehran, emphasizing the need for institutional support, professional networks, and mental health resources. Addressing these barriers is essential to improve the effectiveness and sustainability of human rights legal practice in repressive environments.