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The European Court of Human Rights (ECtHR) delivered a landmark judgment in the case of Cannavacciuolo and Others v. Italy. The case involved allegations of systemic, long-term environmental pollution in the “land of fires” ("terra dei fuochi") region in Italy, caused by the illegal dumping of waste, often linked to organized crime, involved hazardous, special, and urban waste, frequently burned, resulting in severe environmental and health risks. Applicants argued that the Italian authorities failed to protect their right to life and health, as guaranteed under Articles 2 and 8 of the European Convention on Human Rights.
The ECtHR found a violation of Article 2 (right to life), determining that the Italian government did not take adequate and systematic measures to address the risks posed by this environmental disaster. While acknowledging the complexity of the issue, the Court criticized the authorities for their fragmented response, insufficient monitoring, and lack of comprehensive strategies to mitigate risks. The Court also emphasized the importance of implementing preventive measures, such as independent monitoring systems and public awareness campaigns.
In a groundbreaking step, the judgment included a pilot judgment mechanism under Article 46. This required Italy to adopt specific, detailed measures to address the root causes of the environmental degradation within two years. The decision deferred other similar cases to allow the Italian government time to implement these reforms. Key Points:
Applicability of Article 2: The court found that Article 2 of the European Convention on Human Rights (right to life) was applicable, given the "sufficiently serious, genuine and ascertainable" risk to the applicants' lives due to their residence in contaminated municipalities. The ECtHR emphasized that the State had a duty to act.
Positive Obligations: The Italian authorities failed to diligently address the pollution, particularly in assessing the extent of contamination beyond agricultural land. The court highlighted the necessity for a "systematic, coordinated, and comprehensive response."
Right to Information: The ECtHR underscored the State's failure to provide timely and accessible information regarding health risks, requiring a "comprehensive and accessible communication strategy."
Pilot-Judgment Procedure: Due to the systemic shortcomings and the large number of affected individuals, the Court applied the pilot-judgment procedure, mandating Italy to implement general measures within two years. These measures include an independent monitoring mechanism and a public information platform.
This judgment is innovative for prioritizing environmental justice within the human rights framework. It underscores the growing recognition of environmental harm as a direct threat to fundamental human rights. By linking state accountability to effective environmental governance, the ECtHR has set a precedent that aligns human rights law with global environmental concerns, demonstrating the evolving interplay between ecological and legal imperatives.
Download Case of Cannavacciuolo and Others v. Italy of 30 January 2025 (Applications nos. 51567/14 and 3 others).
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