McElhinney v. Ireland

Abstract

Human rights — Access to courts — European Convention on Human Rights, 1950, Article 6(1) — State immunity — Relationship between State immunity and human rights — Whether assertion of immunity by defendant State a violation of Convention — Whether assertion of immunity bringing plaintiff within jurisdiction of defendant State — European Convention on Human Rights, 1950, Article 1 — Whether grant of immunity by forum State a violation of Convention — Nature of action against defendant StateState immunity — Jurisdiction — Human rights — Whether State immunity incompatible with right of access to courts — Reciprocity — European Convention on Human Rights, 1950, Article 6(1) — Tort exception to immunity