Complaint alleging the Spanish State’s failure to protect the home, private and family life of one of its citizens from the pollution caused by a waste treatment facility; violation of the right to respect for home, private and family life; relationship between the right to a healthy environment and the right to respect for private life, home and family life; state accountability for actions by private companies in its jurisdiction.
The government of Spain, within the time-limit set by the Court, paid the applicant the sum provided for in the judgment of 9 December 1994. The Committee of Ministers declared that, after having taken note of the information supplied by the Spanish Government, Spain has exercised its functions under Article 54 of the Convention in this case.
This case is very significant because it shows the interdependence between civil and political rights on the one hand, and economic, social and cultural rights on the other hand. In many cases, protecting civil rights, such as the right to private and family life, and to respect for the home, involves also protecting economic, social and cultural rights, such as the right to a healthy environment and the right to health. The European Court ruled that “severe environmental pollution may affect individuals’ well-being and prevent them from enjoying their homes in such a way as to affect their private and family life adversely.”
The case reveals a successful strategy to claim economic, social and cultural rights through civil and political rights where the regional human rights system does not provide an effective protection of economic, social and cultural rights.
Claimant: Gregoria López Ostra Defendant: Spanish State