The European Court of Human Rights (ECHR) has found that Italy violated the human rights of its residents by neglecting a garbage and pollution issue tied to a rise in mortality and cancer rates in the country’s Campania region. The ruling was delivered after a case brought forward by 19 Italians who asserted that the Italian government had failed its human rights obligations by letting waste go unmanaged, untreated, and disposed of improperly for a prolonged time span.
In 1994, the Campania region declared a state of emergency regarding severe waste disposal problems. The garbage collection services in the region were repeatedly disrupted, leading to a significant amount of garbage accumulating along public streets. This “waste management crisis” persisted for nearly 15 years.
The ECHR examined the actions of the Italian government regarding waste management in the towns of Caserta and San Nicola La Strada, where the claimants lived. Particular attention was paid to a landfill site known as Lo Uttaro. The landfill had caused significant environmental pollution due to illegal dumping of waste for approximately 20 years. Despite being aware of the risk, the government approved the use of the site for non-hazardous waste in 2007, exacerbating environmental issues and negatively affecting residents’ health in Caserta and San Nicola La Strada.
It was ruled unanimously by the ECHR that the Italian government’s inaction during the crisis violated
Article 8 of the European Convention on Human Rights, which protects the right to respect for private life and home. However, they found no violation of Article 8 in respect to accusations that the government failed to inform residents about the environmental pollution from the Lo Uttaro landfill site since the scenario was already public knowledge through various investigations, orders from local mayors, and press releases issued by prosecution authorities.
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