The Strasbourg Court: A Friend to Embassy and Consular Employees

Abstract

This article examines the recent jurisprudence of the European Court of Human Rights on the issue of state immunity and the right of access to a court in employment disputes. In a series of decisions since Cudak v Lithuania in 2010 the Court has strived to uphold the rights of employees of foreign states, particularly embassy and consular staff engaged in routine, non-policy roles, by limiting the scope of state immunity in such cases. This approach is a welcome affirmation of the right of access to justice.

Keywords: state immunity, right to access

JEL Classification: K00, K33