CLAUDIA D’ANDREA – Land of Fires and Legal Firsts: Ground Breaks of Cannavacciuolo and Others v. Italy in Environmental Litigation

The right to a healthy environment is not envisaged in the European Convention of Human Rights (hereinafter, Convention) nor does any of its provisions explicitly guarantee environmental protection. However, based on the “living instrument” nature of the Convention, a gradual shift in interpretation has expanded the scope of human rights to include protection against environmental harm. This “greening” of human rights ensures the protection of the environment, albeit incidental to the protection of rights of individuals.