Ashworth and Others v. United Kingdom

Submitted by Kelly Russo on Wed, 01/21/2004 - 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 the noise disturbances emanating from an aerodrome near the applicants' homes because the State did not fail in striking a fair balance between the interests of the affected individuals and the community as a whole in drafting regulatory policy. Article 8 of the European Convention recognizes the right of European peoples to respect for their private lives and homes. Although the Court accepted that the noise resulting from aerobatic activity has a direct affect on the applicants' lives, it found that the Government put in place a number of legislative and regulatory measures to govern the activities of the aerodrome, including consultative mechanisms and judicial review. The Court determined that the Government's policy approach to regulation of the aerodrome does not exceed the margin of appreciation afforded to it in balancing competing interests.