Research output per year
Research output per year
Research output: Contribution to journal › Article › peer-review
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.
Original language | English |
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Pages (from-to) | 71-92 |
Number of pages | 22 |
Journal | Journal of Law and Society |
Volume | 49 |
Issue number | 1 |
Early online date | 11 Feb 2022 |
DOIs | |
Publication status | Published (in print/issue) - 31 Mar 2022 |
Research output: Contribution to journal › Article › peer-review
Research output: Contribution to journal › Article › peer-review
Research output: Book/Report › Other report