Concept of Legal Aid in Civil Litigation in Accordance With the Decisions of the European Court of Human Rights

Abstract

Access to a fair trial is a fundamental human right that has been addressed both in international law and in the context of the European Convention on Human Rights (ECHR). Legal aid (free or affordable legal support/assistance/service) is evaluated as one of the elements of a fair trial. The well-known sixth article of the ECHR refers directly to legal aid. However, the third paragraph of ECHR art. 6 issues only criminal offenses. The European Court of Human Rights (ECtHR) implies the right to free legal assistance (legal aid) in civil cases. In our study, we will focus on the term of legal aid, types of legal aid and main legal aid systems, features of legal aid in civil matters, subject of legal aid and litigation costs and the procedure of legal aid application and who will be granted by legal aid in civil litigation. © Istanbul University Press. All Rights Reserved.