Ireland (1979), European Court of Human Rights
Airey v. Ireland
Application no. 6289/73
The plaintiff sought to dissolve her marriage because of her husband’s alleged physical and mental cruelty to her and their children. However, due to the prohibitively high costs of seeking a judicial separation order, she was unable to find a solicitor willing to act on her behalf. The Court found that Ireland had breached Articles 6 and 8 of the European Convention on Human Rights (ECHR), namely the ‘right to access courts’ and ‘respect for family life’.
“The Court does not consider that Ireland can be said to have ‘interfered’ with Mrs. Aireys’s private or family life: the substance of her complaint is not that the State has acted but that it has failed to act... not having been put in a position in which she could apply to the High Court... she was unable to seek recognition in law of her de facto separation from her husband. She has therefore been the victim of a violation of Article 8.” (Quoted form Original Judgment)
0 comments:
Post a Comment