Airey v. Ireland was a case decided by the European Court of Human Rights

European Court of Human Rights

The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...

 in 1979.

Facts

Mrs. Airey wished to obtain a decree of judicial separation from her husband (divorce was illegal in Ireland). She has been unable, in the absence of legal aid and not being in a financial position to meet herself the costs involved, to find a solicitor willing to act for her. Legal aid was not available in Ireland for any civil matters, including seeking a judicial separation.

Judgment

The Court held that:

• there has been a breach of Article 6 para. 1 (fair trial) of the European Convention on Human Rights
  European Convention on Human Rights
  The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
  
  , by 5 votes to 2;
• there has been a breach of Article 8 (private and family life), by 4 votes to 3;
• it was not necessary also to examine the case under Article 14 (non-discrimination) taken in conjunction with Article 6 para. 1, by 4 votes to 3;
• it was not necessary also to examine the case under Article 13 (effective remedy), by 4 votes to 3.

Judges Thór Vilhjálmsson, O'Donoghue and Evrigenis each filed a dissent.

Impact

In the case, it was established that the right of effective access to the courts may entail legal assistance. Airey case has been applied in a number of cases on civil legal aid.

External links

• ECHR judgment