The snakes and ladders of legal participation: litigants in person and the right to a fair trial under Article 6 of the European Convention on Human Rights

McKeever, G., Royal-Dawson, L., Kirk, E. and McCord, J. (2022) The snakes and ladders of legal participation: litigants in person and the right to a fair trial under Article 6 of the European Convention on Human Rights. Journal of Law and Society, 49(1), pp. 71-92. (doi: 10.1111/jols.12344)

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Abstract

This article reviews the right to a fair trial under Article 6 of the European Convention on Human Rights for litigants in person (LIPs). LIPs operate in a system that was not designed for them and so challenge the norm of fully represented parties that the system has evolved to expect, creating potential risks for their Article 6 rights. The jurisprudence on Article 6 reveals the centrality of effective participation as a requirement for fulfilling the right to a fair trial. The article views the jurisprudential interpretation against original and significant empirical research data on how LIPs participate in civil and family court processes. It applies a conceptual analysis of legal participation to consider what might constitute effective participation in court proceedings and, through the empirical evidence, categorizes the intellectual, practical, emotional, and attitudinal barriers that LIPs face in their legal proceedings, which can constitute risks to their rights under Article 6.

Item Type:Articles
Additional Information:The empirical research conducted for this article was funded by the Nuffield Foundation, with additional support provided by Ulster University's Civic Impact Fund.
Status:Published
Refereed:Yes
Glasgow Author(s) Enlighten ID:Kirk, Dr Eleanor
Authors: McKeever, G., Royal-Dawson, L., Kirk, E., and McCord, J.
College/School:College of Social Sciences > School of Law
Journal Name:Journal of Law and Society
Publisher:Wiley
ISSN:0263-323X
ISSN (Online):1467-6478
Published Online:11 February 2022
Copyright Holders:Copyright © 2022 The Authors
First Published:First published in Journal of Law and Society 49(1): 71-92
Publisher Policy:Reproduced under a Creative Commons License

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