Sub-series 4 - J Airey v Ireland

7 files

Material in this subsubseries relates to a hugely significant case relating to the rights of the individual to free legal aid and is arranged chronologically across 7 files. 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. She took the case to Europe and in spring 1978, European Commission of Human Rights formally found Ireland in violation of the European Human Rights Convention. The European Court of Human Rights heard her case February 1979 and upheld it. 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. Johanna (Josie) Lynch (maiden name she reverted to) died on 26 August 2002.

[Archivist's note: This case is both contemporary and sensitive in nature and material is therefore partially restricted. Please consult archivist to enquire about access to restricted material.]

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02/02/2023
05/11/2024