Lopez Ostra v. Spain, App. No. 16798/90

16798/90, 20 Eur. H.R. Rep. 277 (Eur.Ct.H.R.)(1994)

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Lopez Ostra v. Spain, App. No. 16798/90

European Court of Human Rights
16798/90, 20 Eur. H.R. Rep. 277 (Eur.Ct.H.R.)(1994)

  • Written by Whitney Kamerzel , JD

Facts

Gregoria Lopez Ostra (plaintiff) lived in Spain (defendant) with her family in a town with many leather factories. The leather tanneries built a waste-treatment plant with state subsidies on state land. The plant operated without a license from the authorities that regulated activities constituting a hazard or nuisance. The plant malfunctioned and released hazardous gas near Lopez Ostra’s home in an amount that violated environmental standards. The Spanish government moved the family to live in a safer part of town for several months. Unfortunately, after returning to the family home, Lopez Ostra’s daughter suffered severe illness caused by the gas. Lopez Ostra brought suit against Spain for violation of her family’s right to privacy contained within Article 8 of the European Convention on Human Rights (ECHR).

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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