Site icon swarb.co.uk

Axen v Germany: ECHR 8 Dec 1983

‘The public character of proceedings before the judicial bodies referred to in Article 6(1) protects litigants against the administration of justice in secret with no public scrutiny; it is also one of the means whereby confidence in the courts, superior and inferior, can be maintained. By rendering the administration of justice visible, publicity contributes to the achievement of the aim of Article 6(l), namely a fair trial, the guarantee of which is one of the fundamental principles of any democratic society, within the meaning of the Convention.’ The purpose of a public hearing is to guard against an administration of justice in secret and with no public scrutiny and to maintain public confidence.

(1984) 6 EHRR 195, 8273/78, [1983] ECHR 14, [1983] ECHR 14
Worldlii, Bailii
European Convention on Human Rights 6(1)
Human Rights
Cited by:
CitedKent County Council v The Mother, The Father, B (By Her Children’s Guardian); Re B (A Child) (Disclosure) FD 19-Mar-2004
The council had taken the applicant’s children into care alleging that the mother had harmed them. In the light of the subsequent cases casting doubt on such findings, the mother sought the return of her children. She applied now that the hearings . .
CitedIn re S (a Child) (Identification: Restrictions on Publication) HL 28-Oct-2004
Inherent High Court power may restrain Publicity
The claimant child’s mother was to be tried for the murder of his brother by poisoning with salt. It was feared that the publicity which would normally attend a trial, would be damaging to S, and an application was made for reporting restrictions to . .
CitedBritish Broadcasting Company v Rochdale Metropolitan Borough Council and X and Y FD 24-Nov-2005
Application was made by the claimant for orders discharging an order made in 1991 to protect the identity of children and social workers embroiled in allegations of satanic sex abuse. The defendant opposed disclosure of the names of two social . .
CitedNorfolk County Council v Webster and others FD 1-Nov-2006
The claimants wished to claim that they were victims of a miscarriage of justice in the way the Council had dealt with care proceedings. They sought that the proceedings should be reported without the children being identified.
Held: A judge . .

Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 10 January 2022; Ref: scu.164926

Exit mobile version