CASE OF CANNAVACCIUOLO AND OTHERS v. ITALY
Essence of the decision
The case concerns Italy’s failure to protect lives of residents in the Campania region (‘Terra dei Fuochi’) affected by systematic, large-scale illegal dumping and burning of hazardous waste over decades. The Court found Italy violated Article 2 (right to life) by failing to take adequate measures to protect residents from serious health risks posed by environmental pollution. The Court ordered Italy to implement comprehensive measures within 2 years to address the pollution problem.
Structure and main provisions
The decision examines:- Admissibility issues regarding victim status of individual applicants and associations- Substantive violation of Article 2 based on: – State’s knowledge of pollution risks since 1990s – Delayed and inadequate response to identify affected areas and contamination – Insufficient decontamination efforts – Lack of systematic health impact monitoring – Inadequate information provided to residents- Pilot judgment procedure ordering general measures including: – Development of comprehensive strategy – Independent monitoring mechanism – Public information platform – Two-year implementation deadline
