Corte europea e Terra dei fuochi: la tutela pratica ed effettiva del diritto alla vita in caso di esposizione a fonti di inquinamento

Abstract

This paper analyses the European Court of Human Rights’ judgment in "Cannavacciuolo and Others v. Italy", concerning the large-scale environmental degradation caused by illegal waste disposal and incineration in the 'Land of Fires' area in Campania, Italy. The Court found a violation of Article 2 of the European Convention on Human Rights (right to life), marking a significant shift towards a precautionary and preventive approach in environmental jurisprudence. The paper shows how the judgment clarified key dimensions of States’ positive obligations to protect the right to life in pollution cases concerning: who can invoke such protection – reaffirming that only natural persons can be direct victims of violations of Article 2; when such obligations arise – establishing that a sufficiently serious risk, rather than proven causality with a lethal disease, is enough to trigger Article 2 obligations, embracing the precautionary principle; where such obligations apply – controversially relying on national geographic delimitations of affected areas, despite acknowledging their presumptive nature and possible insufficiency. Ultimately, while the Court succeeded in making Article 2 protection more practical and effective against environmental risks, it did so by emphasising the exceptional nature of the case, potentially curbing its use as a broader precedent. This paper argues that the judgment should serve as a new benchmark for environmental human rights adjudication, especially in contexts of diffuse pollution and systemic regulatory failures.