What Happens When Access to Legal Advice Becomes a Privilege?

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Nabil Khabirpour investigates whether access to legal advice in civil matters should be recognized as a fundamental human right. His research revisits the landmark Golder v. United Kingdom case, showing that the European Court of Human Rights misframed the issue as access to a court rather than access to legal advice. By distinguishing these rights, Khabirpour argues that ensuring legal advice for all is essential to equality before the law and the integrity of the rule of law itself.

DOI:

https://doi.org/10.21036/LTPUB101209

Tags:

Human Rights Law

Legal Philosophy

Researcher

Nabil Khabirpour is Affiliated Lecturer at the Faculty of Law, University of Cambridge, and Fellow and Director of Studies in Law at Lucy Cavendish College. His work focuses on EU law, human rights, access to justice, and legal philosophy. He serves on the Editorial Board of the European Human Rights Law Review and founded the Law Corner, a pro bono initiative for widening access to justice. Khabirpour studied at Cambridge and Oxford and held a visiting research post at Harvard Law School.

Institution

University of Cambridge

The University of Cambridge is one of the world’s leading academic institutions, renowned for excellence in teaching, research, and innovation. Founded in 1209, it is composed of more than 30 colleges and over 150 departments, faculties, and schools. Cambridge brings together a diverse community of scholars and students from around the globe, fostering interdisciplinary collaboration across the sciences, humanities, social sciences, and the arts. Its research has a lasting global impact, from fundamental discoveries to practical solutions addressing today’s most pressing challenges.

Original publication

A Tale of Two Cases and a Story Yet Untold: Access to Justice and Legal Advice under the Civil Limb of Article 6 ECHR

N. Khabirpour

The Modern Law Review

Published in 2024