Airey v Ireland explained

Airey v. Ireland (application No. 6289/73) was a case decided by the European Court of Human Rights in 1979.

Facts

Mrs. Airey wished to obtain a decree of judicial separation from her husband (divorce was illegal in Ireland); at that time legal aid was not available in Ireland for any civil matters, including seeking a judicial separation.^[1]

Judgment

The Court held that:

• there has been a breach of Article 6 para. 1 (fair trial) of the European Convention on Human Rights, 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.^[2]

External links

• ECHR judgment

Notes and References

1. http://cmiskp.echr.coe.int/tkp197/view.asp?action=html&documentId=695297&portal=hbkm&source=externalbydocnumber&table=F69A27FD8FB86142BF01C1166DEA398649 ECHR judgment in case Airey v. Ireland, para. 8-11
2. Harris D. J., O'Boyle M., Warbrick C. Law of the European Convention on Human Rights. Second edition. p. 236 New York: Oxford University Press, 2009.