Country
Spain
Sources
InforMEA
Tagging
Burden of Proof, Human Rights, Licences, Damages, Permits, Evidence, Air pollution, Constitutional
Abstract
The European Court of Human Rights has for the first time ruled against a signatory country for violating rights by failing to take action to protect a claimant from noise pollution. The claimant from Spain was awarded € 3,884 damages for violation of her rights under Article 8 of the European Convention on Human Rights (right to respect for private life and home) after suffering noise from bars and discos near her home over a 25-year period. Excessive noise has never previously been found to be the cause of a violation of Article 8 of the Convention.