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airplanes prevail over sleeper's rights

friends of the earth england, wales, northern ireland
Sleep deprivation causes memory loss, muddled thinking, visual impairment and memory loss .” British Airways advertisement for its Club World service.

Heathrow airport is one of the world's busiest airports, with close to 500,000 flights to or from the airport each year. Residents living next to Heathrow and under the flight path are exposed to extreme levels of noise, often four times higher than World Health Organization maximums. Such noise levels are well recognized as posing a threat to human health, and can lead to stress, depression, memory loss and visual impairment. Some people living next to the airport are exposed to the roar of an aircraft landing or taking off every 90 seconds, from 6 in the morning until after 10 at night, seven days per week.

The worst impact of Heathrow's night flights comes from the effect on people's sleep. In addition to the general noise of the flights, there are a number of flights every day that take place in the very early hours of the morning or late at night. These are a massive disruption to people's sleep, often preventing sleep altogether when they occur past 4 in the morning.

case flies in and out of court

Several years ago, the UK government changed the laws governing night flights to allow more of them to take place. As a result, a number of people who lived under the flight path and who were therefore already suffering from extreme sleep deprivation took the UK to court, and eventually to the European Court of Human Rights (ECHR). They claimed a violation of the right to respect for private and family life, as the ECHR does not have a specific right to a clean and healthy environment.

Two years ago, the European Court of Human Rights ruled in favor of the individuals. However, the UK appealed the decision and took the case to the Grand Chamber of the European Court . At this point, Friends of the Earth joined in the case to try and highlight the way in which other human rights courts around the world have addressed environmental human rights.

In a disappointing judgment in the summer of 2003, the Grand Chamber reversed the earlier decision, deciding in favor of the UK government. The judgment was severely criticized by human rights and environmental lawyers. Five of the seventeen judges hearing the case disagreed with the majority and found that the judgment unjustifiably gave “precedence to economic considerations over basic health conditions”. One small but positive feature to emerge was the formal recognition of ‘environmental human rights' in an ECHR judgment for the first time ever.

So who really profits from night flights? Namely the aviation industry, and in particular British Airways. It is therefore not so surprising that British Airways joined the court case on the side of the government. Their hypocrisy is surprising, however, as seen in their advertisements for their Club World passengers: ‘Don't Stand for Sleepless Nights' and ‘Sleep deprivation causes memory loss, muddled thinking, visual impairment and memory loss'. Yes, precisely. One rule for big business and its first class passengers, and another for everyone else.

more information:
Friends of the Earth England , Wales and Northern Ireland :
www.foe.co.uk/campaigns/transport/

 

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