The European Court of Human Rights (ECHR) ruled Thursday that the Italian government breached its human rights obligations by failing to address a garbage and pollution problem linked to increased mortality and cancer rates in Italy’s Campania region.

The case was brought by 19 Italians who alleged that the government breached its human rights obligations by allowing garbage to go uncollected, untreated and improperly disposed of for an extended period of time. 

In 1994, a state of emergency was declared in the Campania region to address the serious problems with waste disposal. During this time, refuse collection services in this region were repeatedly interrupted, leading to the accumulation of large quantities of garbage along public roads. This “waste management crisis,” went on for the next 15 years.

The ECHR discussed the issue of waste management in Caserta and San Nicola La Strada by the Italian government, where the claimants resided. Consideration was also directed to a landfill site called Lo Uttaro, which had caused severe environmental pollution due to illegal refuse disposal for around 20 years. It was found that although the government was aware of the hazard, authorization was given in 2007 to use the landfill for non-hazardous waste, worsening the environmental damage and impacting the health of those living in Caserta and San Nicola La Strada.

The ECHR unanimously held that the Italian government’s inaction during the crisis was a violation of Article 8 (right to respect for private life and home) of the European Convention on Human Rights. However, the ECHR did not find a violation of Article 8 with respect to the alleged failure to provide the claimants with information about the environmental pollution caused by the Lo Uttaro landfill site. This was due to the fact that the situation was public knowledge through various inquiries, orders issued by local mayors and press releases published by prosecuting authorities.