Powell and Rayner v. The United Kingdom

Submitted by Kelly Russo on Thu, 02/22/1990 - 00:00
Regional Decisions
European Court

The European Court of Human Rights held that the United Kingdom did not violate Article 8 of the European Convention on Human Rights by failing to regulate aircraft noise and pollution from Heathrow Airport, located near the applicants' homes, because the Government had taken due consideration of international standards, developments in aircraft technology, and the varying levels of noise disturbances experienced by nearby residents in creating the current regulatory regime. Furthermore, the Court rejected the applicants' Article 6 and 13 claims that their limited entitlement to sue under English law is illusory, and determined that there is no bar on their bringing an action in nuisance under domestic law. Articles 6, 8, and 13 of the European Convention on Human Rights recognize the right to a fair hearing before a tribunal in determination of civil rights and obligations, the right to respect for private lives and homes, and the right to an effective domestic remedy in the event of a violation, respectively.