Noise is unpleasant and disturbing.
Noise causes suffering, distress and anxiety to those who endure it.
We should be grateful to certain unknown but courageous people who, on top of the suffering and torment they endured, brought a case before the administrative courts (and lost), then went to the Supreme Court (and lost), then to the Constitutional Court (and lost again) and, after an ordeal of appeals, setbacks and costs, finally won a case, no less than before the European Court of Human Rights. We all benefit from it.
They succeeded, and may this serve as a public tribute to Mrs López and her family.
A water treatment plant was installed near the home where this lady lived, causing noise and odours. Understandably, she complained and sued the State before all the Spanish courts mentioned above over how badly her family was suffering at home. They all rejected her claim, for one reason or another. The Spanish courts sidestepped the issue and nobody listened to her. But she persisted. Thanks to her perseverance, the court in Europe found in her favour, establishing a doctrine that has served as a guide for those who came after and as printed text for handbooks and treatises. In short, her victory states the following:
Everyone has the right to respect for their private and family life.
Environmental harm affects a person’s well-being if it deprives them of the enjoyment of their home (even if their health is not seriously endangered).
The State has an obligation to strike a fair balance between the economic well-being of the town and an individual’s enjoyment of, and respect for, private life in their home.
Mrs López and her family lived for several years in difficult conditions (though not degrading ones), with the depreciation of their home, noise and odours, suffering distress and anxiety, with the family’s health deteriorating, resulting in undeniable non-pecuniary damage.
In the end, the Spanish State was ordered to pay compensation.
REASONS: Noise is an unpleasant, inarticulate sound that disturbs. It produces unwanted effects on those who endure it and is harmful to health and physical well-being. It is a pollutant, because its mixture of different frequencies produces an annoying or uncomfortable sensation, whoever produces it, and it causes harm to people. Noise interferes with a person and has negative physiological or psychological effects.
Therefore, NOISE IS BAD. And, fortunately, it can be measured objectively. And because it can be measured, it can be proven, and if it can be proven, we can ask our courts to stop it.
Any questions?