Airey v Ireland 32 Eur Ct HR Ser A (1979): [1979] 2 E.H.R.R. 305

Mrs Airey sought judicial separation from her physically abusive husband. As she was unable to conclude a separation agreement with her husband, she sought a judicially ordered separation. She was unable to obtain such an order since she lacked the financial means, in the absence of legal aid, to retain a solicitor. The European Court of Human Rights held this was a violation of her right to access a court for determination of her civil rights and obligations (Article 6). Citing international law and the Convention's intention they said that remedies must be effective not illusory. They noted that many civil and political rights had social and economic implications involving positive obligations. Accordingly, there was a right to legal assistance if it was indispensable for effective access to the courts. In this case, self-representation was ineffective given the complex procedure of the Irish High Court, the relevant Irish law, the emotional dimension of marital disputes and the possibility that her husband may be represented. The Court further determined that Article 8 -respect of family life- was violated. The right to respect for family life could entail positive obligations for the effective access to protective mechanisms concerning family life, in this instance, the ability to effectively petition for judicial separation. The Court did not address the claim of discrimination which raised the question as to whether denial of civil rights due to poverty amounts to discrimination.

Keywords: Airey v Ireland 32 Eur Ct HR Ser A (1979): [1979] 2 E.H.R.R. 305, Women, Rights