The right to protection against noise nuisance as a threat to the right of the child to play : an analysis of the case of Belgium

Abstract

Complaints about noise made by playing children are increasing worldwide. This thesis analyses this topic from a human rights point of view. Both the right of the child to play and the right to protection against noise nuisance are discussed. The focus is put on the case of Belgium, and more particularly Flanders, and the reactions of the Flemish Community to this issue. The analysis is mostly done on the basis of concluding observations of the Committee on the Rights of the Child, judgements of the European Court of Human Rights, national jurisprudence and policy documents. On the basis of this review, it is examined whether a new law is necessary or desirable to regulate this topic. The responses by the Flemish Community focused on the sensitisation of adults and communities towards the rights of the child. These actions seem to be in conformity with the obligations of the State both under the Convention on the Rights of the Child and the European Convention on Human Rights. New legislation does not seem desirable in view of avoiding over-regulation and the juridification of social relations. It is suggested however to develop measures in order to encourage the use of alternative dispute settlement instead of juridical proceedings to deal with cases of children and youth that cause noise nuisance.