The European Court of Human Rights recently ruled against Italy for its failure to protect citizens from toxic waste. This decision signals a shift in how European countries will be held accountable for pollution.
On January 30, the Court found that Italy did not act properly to safeguard residents in Campania from serious issues caused by organized crime dumping and burning waste. The ruling indicates that the Italian government had known about the problem for years but did little to help.
Legal experts view this ruling as a turning point for future pollution cases. Emma Bud, a lawyer at ClientEarth, highlighted that this is the first time the Court has linked environmental neglect to the right to life under Article 2 of the European Convention on Human Rights.
Lawyers believe this ruling will lead to stricter evaluations of government actions regarding pollution. Malgorzata Kwiedacz-Palosz, also from ClientEarth, mentioned that governments will have less freedom to make their own decisions when it comes to pollution control.
According to Sébastien Duyck from the Center for International Environmental Law, the Court established a clear standard for what countries must do to protect their citizens from pollution.
The Court has instructed Italy to create a detailed plan to address issues in the so-called “Land of Fires.” This plan includes setting up an independent system to monitor pollution and a public platform to share information about pollution levels and health risks.
This ruling is significant because the Court has laid out specific expectations for government actions, rather than leaving it entirely up to countries to determine their responses. Duyck emphasized that it’s not enough for countries to have policies; the Court wants to ensure these policies are effective.