Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here


Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

This is the introductory chapter of the book, whose first part gives a general introduction to the right of access to court under Article 6 (1) of the European Convention on Human Rights as relevant in the present context. The second part turns to international immunities, and discusses the Court's jurisprudence as well as alternative approaches suggested by international lawyers and judges. The third part discusses the case-law on the conflict between domestic immunities and the right of access to court. The chapter discusses the right of access to court under Article 6 (1) of the Convention: the case of Golder v. the United Kingdom. It explains the meaning of "civil rights and obligations". The "Ashingdane Test" is a threefold one: the immunity must have a legitimate aim, it must be proportionate, and the very essence of the right of access to court must not be impaired.

Keywords: Article 6 (1); Ashingdane Test; European Convention on Human Rights; Golder v. the United Kingdom; international immunities



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Immunities and the Right of Access to Court under Article 6 of the European Convention on Human Rights — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation