The right of access to Courts : how has this right developed?

Abstract

The right of access to a court is one of the fundamental rights established through Article 6(1) of the European Convention on Human Rights, since it is an intrinsic factor of the right to a fair trial. The European Court of Human Rights proclaimed such an essential right for the first time in the Golder v. the United Kingdom case, and it was subject to further development through subsequent case-law. This research conveys the importance that every nation should contribute to this right due to the fact that it serves to guarantee and safeguard other rights to which the citizens are entitled. An analysis of judgments reflects that the right of access to a court shall be effective because otherwise, a democratic society would not function properly and the rule of law would be undermined. The examination of the limitations imposed upon this right seeks to reflect that whereas certain restrictions pursue a legitimate aim and are reasonable, others provide an unlawful impediment and hinder an individual’s right of access. This paper elucidates the development of such right whilst illustrating that States could evidently provide a more effective access to courts.