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Di Sarno and Others v. Italy.

Country/Territory
European Union
Type of court
International court
Date
Jan 10, 2012
Source
UNEP, InforMEA
Court name
European Court of Human Rights
Seat of court
Strasbourg
Judge
Tulkens, F.
Jočienė, D.
Berro-Lefèvre, I.
Popović, D.
Sajó, A.
Karakaş, I.
Raimondi, G.
Reference number
30765/08
Language
English
Subject
Waste & hazardous substances, Environment gen.
Keyword
Food waste Solid waste Organic waste Waste disposal Public health Human rights Waste domestic sources Waste management Waste non-domestic sources Transport/storage
Abstract
A state of emergency was declared in the Campania region of Italy from 11 February 1994 to 31 December 2009 regarding collection, treatment, and disposal of waste. This period included five months during which garbage piled up in the streets. Eighteen nationals who lived and/or worked in this region of Campania initiated proceedings alleging a violation of their rights under the European Convention on Human Rights Articles 8 (right to respect for private and family life) and 13 (right to an effective remedy). The court found that the Italian authorities had satisfied their Article 8 obligation to provide information about the risks to the individuals, but had violated Article 13. Although the applicants had not complained of any medical problems and the court determined that their lives and health had not been in danger as a result of their exposure to waste, it did find a violation of their Article 8 right to home and private life. The court based this finding on the right to a healthy environment, concluding that “[t]he collection, treatment and disposal of waste were hazardous activities; as such, the State had been under a duty to adopt reasonable and appropriate measures capable of safeguarding the right of those concerned to a healthy and protected environment."
Full text
CASE OF DI SARNO AND OTHERS v. ITALY.pdf