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
