The woman whose landmark European Court case in 1979 forced the Government to introduce free legal aid in family law matters, has died.
Mrs Josie Airey, who reverted to her maiden name Lynch after the case, died yesterday morning at Mary Mount Hospital, Cork, after a long illness. She was 70.
Ms Lynch from Togher, Cork,became an icon for women's rights when she took the Irish Government to the European Court of Human Rights. Her lonely battle against the system started in 1972 with an unsuccessful letters campaign to the Catholic hierarchy, the then Taoiseach, Mr Jack Lynch, and her local TDs. The mother of four claimed she was effectively debarred from gaining a legal separation from her violent husband because she could not afford to take her case to the High Court.
At the time it cost £1,000 in legal fees to obtain a legal separation and no solicitor or barrister would take her case because she could not pay the costs. She campaigned for five years to get her case to the European Court. The case was taken for her by then senator Mary Robinson, now the UN Commissioner for Human Rights, and solicitor Mr Brendan Walsh.
Ms Lynch charged the Government of violating an article in the 1950 Convention on Human Rights guaranteeing citizens the right to legal aid in civil cases. She said the failure by the State to provide a cheap, effective and accessible remedy of judicial separation was an interference with the rights to respect for family life and the home. She also accused the Government of discrimination against those without means.
The case went first to the European Commission on Human Rights who found in favour of Ms Lynch in 1977. But the Government failed to introduce civil legal aid or change the law and the case went to the European Court.
Ms Lynch, who is survived by her three daughters and a son, will be buried today after a private family service at Bellough, Cork.
