Di Sarno and Others vs Italy
Between February 11, 1994, and December 31, 2009, a state of emergency was declared in the Campania region of Italy concerning the collection, treatment, and disposal of waste. Decades of organized crime influence had rendered the waste management system entirely ineffective, resulting in waste piling up on streets across the region. The widespread burning of both legal and illegal waste gave the area its infamous nickname: “Terra dei Fuochi” (“Land of Fires”).
Under these circumstances, 18 individuals who lived or worked in the area brought the case of Di Sarno and Others vs Italy (Application No. 30765/08) before the European Court of Human Rights (ECtHR). The Court ruled that the Italian authorities violated Articles 8 and 13 of the European Convention on Human Rights (ECHR) by failing to ensure an effective waste management system for residents of the municipality of Somma Vesuviana (part of the Naples metropolitan area) in Campania.
The Court found that Italian authorities had failed in their substantive obligation to protect the right to private and family life of the residents. Although the applicants did not report specific health issues and the Court determined that their lives and health were not directly endangered by exposure to waste, it still identified a violation of Article 8. This decision was based on the right to a healthy environment, with the Court affirming that “[t]he collection, treatment, and disposal of waste” are “hazardous activities” and that “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.”
Regarding Article 13, the Court determined that the violation stemmed from the absence of effective legal remedies within the Italian legal system, leaving the applicants unable to seek compensation for the damage suffered.
The judgment became final on April 10, 2012, and since then, the Committee of Ministers of the Council of Europe has monitored its implementation. The case has been reviewed during multiple Committee meetings, including the 1259th meeting in June 2016, the 1348th meeting in June 2019, and the 1411th meeting in September 2021. Most recently, the Committee requested Italian authorities to provide updates on their progress by March 15, 2022, and decided to revisit the case during its Human Rights meeting in June 2022.
Pursuant to Article 46 of the ECHR and Rule 9.2 of the Rules of the Committee of Ministers, StraLi submitted a communication addressing the execution of this judgment.
StraLi’s submission emphasized the following points:
- Italy has yet to implement effective waste disposal systems in the affected areas.
- A persistent gap in the Italian legal framework leaves citizens without adequate legal remedies for similar cases.
- The measures outlined in the Action Report submitted by the Italian government on April 1, 2022, are ineffective and fail to adequately address the violations of Articles 8 and 13 of the ECHR.
StraLi urged the Committee of Ministers to reject the proposed Action Plan and to call on the Italian authorities to implement appropriate general measures to address these issues.The case of Di Sarno and Others vs Italy was scheduled for discussion during the CM-DH meeting taking place from June 7 to 9, 2022. The Committee of Ministers put the implementation status of the decision on the September 2023 agenda and then on the March 2024 agenda. StraLi acknowledges the vital role environmental law plays in contemporary society and has established a dedicated department to strengthen environmental protections through the enforcement of the rule of law. We remain committed to contributing to this case until the necessary changes are realized.