Mrs Airey claimed that the rights to a fair trial, respect for family life and non-discrimination guaranteed a right to legal aid in cases for judicial ordered separation; positive obligations of State; economic and social nature of civil and political rights; self-representation may not result in effective remedy; legal assistance to be provided where indispensable for determination of civil rights.
Ireland later enacted a civil legal aid system but Mrs Airey no longer qualified because she had secured employment. The Irish government agreed, after being pressured, to fund her judicial separation action in the High Court. Mrs Airey eventually obtained a judicial separation. In 1980 a Scheme of Civil Legal Aid and Advice was established followed by legislation in 1995 but both have been criticized for lack of funding and an almost exclusive focus on family matters.
This case has been frequently cited as a precedent for demonstrating there are economic and social rights dimensions within civil and political rights and that States may have positive obligations with respect to civil and political rights. In addition, the case has formed an important precedent for arguing that the right to legal aid is an integral part of human rights.
Advocate: Solicitor: Mr Brendan Walsh Barrister: Mary Robinson Brendan Walsh & Partners 34 Upper Baggot Street Dublin 4, IRELAND Tel: +35 31 6602 9555