Health
European Court of Human Rights Orders Italy to Tackle Illegal Waste Dumping
In a landmark ruling, the European Court of Human Rights (ECtHR) has found Italy in violation of Article 2 (right to life) of the European Convention on Human Rights for failing to protect its citizens from environmental pollution. The decision, described as "seismic," highlights the state’s prolonged inaction in addressing illegal waste dumping in the Campania region, particularly in the area known as Terra dei Fuochi.
The case was brought by 41 residents from Caserta and Naples, along with five regional organizations, who argued that the widespread and ongoing pollution posed a severe risk to public health. Terra dei Fuochi, home to nearly 3 million people, has suffered for decades from illegal waste disposal by criminal gangs, who have buried and burned toxic materials on private land. Concerns about the environmental and health impacts of this dumping were first raised as early as 1996.
According to the ECtHR, the region had effectively become "a receptacle for waste of every kind." A report cited in the ruling described Campania as "the dustbin of Italy," while another compared the environmental disaster to the spread of the plague in the 17th century.
The Court recognized the existence of a "sufficiently serious, genuine, and ascertainable" risk to life. It ruled that authorities had failed to respond adequately to this risk, deeming their prolonged delays in taking action "unacceptable." Importantly, the judges stated that citizens were not required to prove a direct link between exposure to pollution and specific life-threatening illnesses in order to establish a violation of their rights.
In response to the ruling, the Court ordered Italy to implement a comprehensive strategy to tackle the crisis, establish an independent monitoring system, and create a public information platform within two years.
Malgorzata Kwiedacz-Palosz, a fundamental rights lawyer at ClientEarth, hailed the ruling as a confirmation that "our human rights rely on a healthy environment—including clean air, water, and soil." She emphasized that governments must take proactive and timely measures to protect citizens from environmental hazards.
Dr. Fabrizio Bianchi, a leading epidemiologist who provided expert testimony in the case, underscored the urgent need for intervention. "For years, nearly 3 million people in this region have suffered from toxic pollution, which has been recognized as a health risk since at least the 1980s," he said. "The local impacts are clear, with elevated rates of cancer, cardiovascular disease, and other serious illnesses. An immediate cleanup is needed, along with full accountability from the Italian state to monitor and address the crisis."
The ruling sets a significant precedent, reinforcing that environmental pollution can directly threaten the right to life and that governments must be held accountable for failing to protect their citizens from such dangers.
