In the case of Cordella and others v. Italy, relying on art. 2 (right to life) and art. 8 (right to respect for private life) of ECHR, 180 applicants complained before the European Court of Human Rights that the State had not adopted appro¬priate measures to protect their health and the environment, against the effects of toxic emissions from the Ilva steelworks in Taranto. In its judgment, the Court deci¬ded to consider the applicants’ complaints solely under art. 8 of ECHR. This choi¬ce seems to be open to criticism. The Strasbourg judges held that the national authorities had failed to strike the fair balance between, on the one hand, the applicants’ interest in not being subjected to severe environmental pollution that could affect their well-being and their private life and, on the other, the interests of society as a whole. In so doing, the Court chose to apply the well-known principles it has elaborated in its ‘environmental’ case-law, refusing to consider the situation under art. 2. But, in the 'Ilva case', the pre-eminent interest to be protected was people’s health and life, whose protection cannot be forced to pass through the path, already ‘tortuous’ in the ECHR system, to protect the environment, namely through the logic of protecting the individual’s private sphere. Protecting public health under art. 8 means to be satisfied with a protection even more indirect than that granted to the environ¬ment itself under the European Convention.

Il caso Ilva davanti alla Corte europea dei diritti umani: tutela par ricochet dell’ambiente o tutela par double ricochet della salute pubblica? / Odoni, Mario. - In: DIRITTI UMANI E DIRITTO INTERNAZIONALE. - ISSN 1971-7105. - 15:1(2021), pp. 171-197.

Il caso Ilva davanti alla Corte europea dei diritti umani: tutela par ricochet dell’ambiente o tutela par double ricochet della salute pubblica?

Odoni Mario
2021

Abstract

In the case of Cordella and others v. Italy, relying on art. 2 (right to life) and art. 8 (right to respect for private life) of ECHR, 180 applicants complained before the European Court of Human Rights that the State had not adopted appro¬priate measures to protect their health and the environment, against the effects of toxic emissions from the Ilva steelworks in Taranto. In its judgment, the Court deci¬ded to consider the applicants’ complaints solely under art. 8 of ECHR. This choi¬ce seems to be open to criticism. The Strasbourg judges held that the national authorities had failed to strike the fair balance between, on the one hand, the applicants’ interest in not being subjected to severe environmental pollution that could affect their well-being and their private life and, on the other, the interests of society as a whole. In so doing, the Court chose to apply the well-known principles it has elaborated in its ‘environmental’ case-law, refusing to consider the situation under art. 2. But, in the 'Ilva case', the pre-eminent interest to be protected was people’s health and life, whose protection cannot be forced to pass through the path, already ‘tortuous’ in the ECHR system, to protect the environment, namely through the logic of protecting the individual’s private sphere. Protecting public health under art. 8 means to be satisfied with a protection even more indirect than that granted to the environ¬ment itself under the European Convention.
Il caso Ilva davanti alla Corte europea dei diritti umani: tutela par ricochet dell’ambiente o tutela par double ricochet della salute pubblica? / Odoni, Mario. - In: DIRITTI UMANI E DIRITTO INTERNAZIONALE. - ISSN 1971-7105. - 15:1(2021), pp. 171-197.
File in questo prodotto:
Non ci sono file associati a questo prodotto.

I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.

Utilizza questo identificativo per citare o creare un link a questo documento: http://hdl.handle.net/11388/247142
Citazioni
  • ???jsp.display-item.citation.pmc??? ND
  • Scopus ND
  • ???jsp.display-item.citation.isi??? ND
social impact