The European Court of Human Rights has unanimously held that there has been a violation of Article 2 of the Convention that guarantees the right to life.
The case involved the Terra de Fuochi area of the province which refers to an area of 90 municipalities with a total population of around 2.9 million. The area is known for the illegal dumping, burying and burning of hazardous waste by criminal groups. The applicants all claim that they have suffered in some way as a result of the illegal waste disposal, claiming that the State has known about this problem for a long time and have done nothing to prevent it.
Investigations in the area found that the disposal has caused the contamination of waterways and the poisoning of soil on agricultural land. Studies have also shown that residents of the area have increased rates of cancer. The applicants made complaints that the State had breached their rights under Article 2 (right to life) and Article 8 (right to respect for private life, family life and home).
The court dismissed all applicants who were not residents of the affected areas and applicants who did not comply with the then active six-month time limit for lodging an application with the court. The court found that, in particular, the State’s failure to deal with such a serious situation with the diligence and expedition required, despite having known about the problem for several years was in breach of the European Convention of Human Rights (ECHR).
The Court unanimously held that Italy had to draw up a comprehensive strategy to address the Terra de Fuochi situation, including by setting up an independent monitoring mechanism, and establish a public information platform. The court put a two-year time limit for the Italian State to achieve this.