311. Right of access to a court implicit in right to a fair hearing.

Although Article 61 does not contain express reference to a right of access to a tribunal or court, it is to be interpreted as inherently providing for such an entitlement2 in relation to any dispute within the article's civil3 or criminal4 limbs5. The right is not absolute and may be subject to limitations provided they do not impair its essence and are proportionate measures in pursuit of a legitimate aim6. It is possible for the right to be waived, for example, by way of arbitration clauses in contracts or a fine by way of settlement but particularly careful review