312. Right of access must be practical and effective.

The right of access to court1 must be practical and effective and not theoretical or illusory: the right to institute proceedings is just one component of a person's broader entitlement (which may require positive acts on the part of the state) to be afforded a clear, practical opportunity of challenging an act that is an interference with his rights2. In this context the following impediments to the vindication of civil rights have constituted a breach of the right of access:

  1.  

    (1)     a rule which prevented a prisoner from consulting a solicitor in relation to a potential claim in defamation3;