header-logo header-logo

09 December 2010 / Susan Nash
Issue: 7445 / Categories: Features , Human rights
printer mail-detail

Human rights & wrongs

Susan Nash reflects on the significance
of recent human rights judgments

In Deés v Hungary (app no 2345/06), the applicant complained that noise and pollution caused by heavy traffic in his street were sufficiently excessive to cause damage to his house in breach of Art 8 (right to respect for his home). He argued that traffic had increased significantly after the introduction of a toll on a nearby motorway.

Heavy goods traffic used his street to avoid paying toll charges. Proceedings for compensation were dismissed by the domestic court which found that although the noise exceeded the statutory limit, it was not substantial enough to cause damage to the applicant’s house.

The European Court of Human Rights recalled that the European Convention on Human Rights (the Convention) protected not only the physical environment of the home but also guaranteed quiet enjoyment, within reasonable limits. Measures put in place by the authorities to limit the speed of cars and divert heavy freight traffic away from the applicant’s street had been unsuccessful. Accordingly, the ECtHR

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
back-to-top-scroll