The applicants complained that the grant of licences for a steelworks would result in pollution, release of toxic gases and noise, and that the grant of the licences would infringe their article 8 rights. The court rejected the application ‘From the terms ‘victim’ and ‘violation’ in Article 34 of the Convention, like the underlying philosophy of the obligation to exhaust all domestic remedies imposed by Article 35, it can be deduced that, in the system for the protection of human rights as envisaged by the , framers of the Convention, exercise of the right of individual petition cannot have the aim of preventing a violation of the Convention. It is only in wholly exceptional circumstances that the risk of future violation may nevertheless confer the status of ‘victim’ on an individual applicant, and only then if he or she produces reasonable and convincing evidence of the probability of the occurrence of a violation concerning him or her personally: mere suspicions or conjectures are not enough in that respect.’
Citations:
29121/95
Jurisdiction:
Human Rights
Cited by:
Cited – Regina (Vetterlein) v Hampshire County Council Admn 2001
The claimants challenged a planning permission granted to a waste disposal site, saying that it violated their article 8 rights.
Held: The court asked whether there was reasonable and convincing evidence that the claimants quality of life . .
Cited – Bushell and Others, Regina (on the Application of) v Newcastle Licensing Justices and others Admn 31-Jul-2003
The claimants objected to a forced transfer of an unused justices on-line for the benefit of the licencee applicants. The licensees had first been refused a licence for certain premises, but then requested and were given transfer of an obsolete . .
Lists of cited by and citing cases may be incomplete.
Human Rights
Updated: 06 May 2022; Ref: scu.186026