Failure to act on environmental pollution now deemed a human rights violation

For the first time, the European Council of Human Rights has ruled that failure to act on environmental pollution is now a human rights violation. This decision will have significant implications for national and regional governments and corporate sustainability. 

Background on the ruling 

The ruling was announced on January 31st and came following a group of residents from Italy’s Campania region lodged a legal case at the Court. They claimed that local authorities were failing to implement a proper waste management system, which will result in air, soil, and water pollution, affecting public health.

Some of the neighbourhoods within the region, which is home to three million people, are known locally as ‘land of fires’ for their flytipping. The issue has been going on for over three decades. 

ClientEarth, the environmental law firm, represented a group of local people at the European Court of Human Rights and argued that failures overseen by the private sector, local authorities, and government were undermining residents’ right to life (Article 2 of the European Convention on Human Rights) and right to private life (Article 8). 

Environmental pollution as a threat to life 

The law firm highlighted the ‘precautionary principle’ and ‘principle of prevention’, which require authorities to take early action to act on environmental pollution that may expose the public to harm. Unlike many other courts, rulings at the European Court of Human Rights must jointly be made by between three and 15 judges. 

This depends on both the complexity and importance of the case. However, despite the disagreements between the judges on the interpretation of the Convention, namely on how pollution differs from the global climate emergency, they reached an agreement. The court ruled that the government’s failure to appropriately address this issue has put Italy in breach of human rights laws. 

A spokesperson from ClientEarth noted that the ruling confirms that humans do rely on a healthy environment and that it is within a government’s responsibility to protect people from environmental threats to life, despite who causes these. This ruling will certainly have ramifications for existing and prospective cases across the EU. 

Final thoughts

The European Court of Human Rights’ landmark ruling reinforces the undeniable link between environmental protection and fundamental human rights. This decision sets a legal precedent that will influence governments, businesses, and policymakers across the EU. It’s clear that as regulatory scrutiny intensifies, companies must proactively address environmental risks. It’s not just about complying with legal frameworks but upholding ethical responsibilities and safeguarding public health. 

For businesses, this ruling reinforces the dire need to embed sustainability into their core strategies. Companies that neglect their environmental impact risk facing escalating legal, financial, and reputational consequences. As sustainability regulations evolve, staying informed and proactive is essential. Investing in business sustainability courses provides professionals with the expertise and practical tools needed to navigate these complexities, ensuring compliance, resilience, and long-term success.