Guerra v. Italy
European Court of Human Rights
App. No. 14967/89, 26 Eur. Ct. H.R. 357 (1998)
Anna Maria Guerra and other residents of Manfredonia (collectively, the residents) (plaintiffs) lived near a chemical factory that produced toxic emissions. Many of the residents experienced severe health problems resulting from the factory emissions. The residents alleged that Italy (defendant) failed to provide the residents with relevant information about the risks of the chemicals contained in the factory and actions to take in case of an accident, which was required by state statute. The failure to provide emergency procedures and information, the residents argued, breached three articles of the European Convention on Human Rights (ECHR); specifically, Article 2, the right to life and physical integrity; Article 10, the freedom of information; and Article 8, the right to respect for family life.
Rule of Law
Holding and Reasoning (Bernhardt, J.)
Concurrence (Jambrek, J.)
Concurrence (Walsh, J.)
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