Privacy at home from acoustics pollution

Privacy at home  from pollution , among others acoustics, is a Fundamental Right in the projection of the European Court of Human Rights and Spanish Courts.

We are therefore within the scope of Article 18 of the Spanish Constitution and although an interpretative relation to Article 45 can be established, it does not change the setting: the characteristic of a Fundamental Right, not absolute, of course, but equipped with all the guarantees, including the capacityto regulate  and to define patterns that determine their content in a collision with other.

As  defined by the Constitutional Court, one characteristic element is that the rules pertaining to these Fundamental Rights are to be interpreted in the most favorable way for them .

  

The Fundamental Right of Effective Judicial Protection can be exercised by means of the summary action of Article 53.2 of the Constitution. In such a case these rights cannot be reduced to the single task of collating the noise measurements offered by some devices. If this was the case, then  Articles 114 and following of Law Jurisdiction would redundant, and so would be the submission of these cases to the Courts.