Airey v Ireland

Airey v. Ireland 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 ; at that time legal aid was not available in Ireland for any civil matters, including seeking a judicial separation.

The Court held that:

there has been a breach of Article 6 para. 1 of the European Convention on Human Rights, by 5 votes to 2;
there has been a breach of Article 8, by 4 votes to 3;
it was not necessary also to examine the case under Article 14 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, by 4 votes to 3.

Judges Thór Vilhjálmsson, O'Donoghue and Evrigenis each filed a dissent.

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.