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The European Court of Human Rights (ECtHR) held on Thursday that Italy violated applicant residents’ rights to life and respect for private and family life under the European Convention on Human Rights (ECHR) as a result of the state’s long-term inaction in addressing the widespread illegal dumping of waste by organized criminal groups in the region of Terra dei Fuochi.
The ECtHR ruled that the state’s inaction constituted a “sufficiently serious, genuine and ascertainable risk to life” to violate Article 2 of the ECHR, which guarantees legal protection of the right to life. The court held that, by extension, the proven risk to life also violated Article 8 of the ECHR, which protects the right to respect for family and private life.
The state argued that it had taken sufficient action to address the health impacts of the pollution through intensified cancer screening efforts, although the court stated that this was not sufficient as cancer mitigation policies were only introduced in 2013. In addition, the court concluded that action on assessing the extent of the pollution and decontamination had been slow and ineffective.
Illegal dumping in the Terra dei Fuochi area of the Campania region has been prevalent for decades, with authorities being aware of the problem since 1988. As a result of the dumping, pollution of the soil and groundwater is widespread, and cancer rates have increased among residents.
Due to the widespread and serious nature of the problem, the ECtHR gave Italy two years to create a comprehensive strategy to address the issue of illegal dumping, set up an independent monitoring mechanism, and establish a public information platform that will display all relevant information related to the problem. The order was made in concert with Article 46 of the ECHR, which allows the court to order changes to domestic legal systems if there are serious systematic violations of human rights found.
The judgment noted that organized criminal groups often coordinated the illegal dumping, operating with impunity from law enforcement. In the time since the government has been aware of the problem, only seven people have been convicted for crimes related to illegal dumping, according to evidence provided by the government at trial. A 1998 parliamentary commission of inquiry that was cited in the judgment noted that environmental laws were so fragmented and disorganized that it was “impossible to secure convictions for environmental crimes.” The court held that the state has done little to remedy this issue in the intervening years.
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The ECtHR ruled that the state’s inaction constituted a “sufficiently serious, genuine and ascertainable risk to life” to violate Article 2 of the ECHR, which guarantees legal protection of the right to life. The court held that, by extension, the proven risk to life also violated Article 8 of the ECHR, which protects the right to respect for family and private life.
The state argued that it had taken sufficient action to address the health impacts of the pollution through intensified cancer screening efforts, although the court stated that this was not sufficient as cancer mitigation policies were only introduced in 2013. In addition, the court concluded that action on assessing the extent of the pollution and decontamination had been slow and ineffective.
Illegal dumping in the Terra dei Fuochi area of the Campania region has been prevalent for decades, with authorities being aware of the problem since 1988. As a result of the dumping, pollution of the soil and groundwater is widespread, and cancer rates have increased among residents.
Due to the widespread and serious nature of the problem, the ECtHR gave Italy two years to create a comprehensive strategy to address the issue of illegal dumping, set up an independent monitoring mechanism, and establish a public information platform that will display all relevant information related to the problem. The order was made in concert with Article 46 of the ECHR, which allows the court to order changes to domestic legal systems if there are serious systematic violations of human rights found.
The judgment noted that organized criminal groups often coordinated the illegal dumping, operating with impunity from law enforcement. In the time since the government has been aware of the problem, only seven people have been convicted for crimes related to illegal dumping, according to evidence provided by the government at trial. A 1998 parliamentary commission of inquiry that was cited in the judgment noted that environmental laws were so fragmented and disorganized that it was “impossible to secure convictions for environmental crimes.” The court held that the state has done little to remedy this issue in the intervening years.
The post Europe rights court finds Italy inaction on illegal dumping violates right to life appeared first on JURIST - News.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.