Airey Case

Abstract

The individual in international law — Human rights and freedoms — European Convention for the Protection of Human Rights and Fundamental Freedoms, Article 6(1) — Right to a fair hearing in the determination of civil rights and duties — Decree of judicial separation — Only available in High Court — Legal aid not available — Complexity of High Court procedure making it difficult for person to represent herself — Whether a breach of Article 6 (1) resulting from combination of absence of legal aid and complexity of legal procedure

Article 8 — Right to respect for family life — Whether sometimes involving right to relief from duty of cohabitation — Applicant frequently beaten by husband — Divorce not available — Applicant unable to obtain decree of judicial separation because of cost and complexity of only legal procedure available — Whether State in breach of Article 8 by failing to provide accessible procedure for relieving Applicant of duty to cohabit with husband

Article 14 — Discrimination — Position of this provision in scheme of Convention

Article 50 — Compensation — When question ready for decision

Article 26 — Exhaustion of domestic remedies — Availability of other procedures for securing separation from spouse — Voluntary agreement between parties — Order barring molestation of wife — Whether failure to seek such agreement or order a failure to exhaust local remedies — Relevance of alternative procedures — Whether failure to appear in person before High Court a failure to exhaust local remedies — Whether possibility that Applicant would not in fact benefit from decree of judicial separation relevant in considering question of exhaustion of local remedies