Court rules a good night's sleep is a human right

A UK anti-noise group calling for a good night's sleep to be regarded as a human right has won a key European Court of Human Rights case.

The ruling could lead to a reduction in overnight flights at UK airports.

The European Court of Human Rights says overnight flights at Heathrow Airport in west London violated residents' basic human rights.

The UK government, against which the case had been brought, will now have to consider the whole question of flights at Heathrow between 11.30pm and 6am.

The case had been brought against the British Department of Transport by eight residents living near Heathrow each of whom are members of the anti-noise group HACAN ClearSkies.

Celebrating news of the result in London, Richmond Park Liberal MP Jenny Tonge said: "This is wonderful news. This has been a very long fight and it is a step in the right direction."

A British Department of Transport spokesman said: "The government will study the judgment carefully before considering what steps it will take, and cannot comment further on the case at present."

The European Court of Human Rights, which heard the case in May 2000, accepted that it was the right of residents to have a good night's sleep.

The court had invited the Department of Transport to make a case for night flying on economic grounds.

However the court said there had been a violation of Article 8 of the European Convention on Human Rights, and that the rights of the eight applicants had not been properly recognised by the UK Government.

The ruling clears the way for other challenges to night flights, not only at British airports but at airports throughout Europe.

The ruling does not oblige the British Government to ban or curtail overnight flying at Heathrow but the government does have a strong record in implementing decisions of the court.