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)
Text
254024.pdf - Published Version Available under License Creative Commons Attribution. 254kB |
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 |
University Staff: Request a correction | Enlighten Editors: Update this record