I diritti umani delle future generazioni

I. “THE PRESERVATION OF NATURAL RESOURCES AND THE ENVIRONMENT” 1

1. Does your country’s Constitution impose positive obligations on the State regarding the protection of natural resources and the environment? If not, what legal instruments impose such positive obligations? 1

2. In your legal system, who is entitled to bring actions for the defence of natural resources and the environment before the courts (e.g., public institutions, individual citizens, non-governmental organizations)? 3

3. Has your Court addressed any cases involving the production of hazardous substances or waste that cannot be safely managed and disposed of by the generation that produces them? 5

4. Have there been any environmental disasters in your country with serious widespread consequences that caused significant legal issues? If so, how were those issues resolved? 6

5. Could you identify and share any relevant rulings issued by your Court on climate change? 10

II. PRESERVATION OF HUMANKIND’S CULTURAL HERITAGE 13

1. Does your country’s Constitution recognize access to cultural heritage as a human right? If not, what legal instruments provide for this recognition? 13

2. Has your country signed the 2003 Convention for the Safeguarding of the Intangible Cultural Heritage or any other related international instruments? 15

3. Does your country have any international disputes with another State regarding cultural heritage property? If so, how were they resolved? 15

4. Are there any controversial cultural practices in your country that may conflict with human rights? If so, what measures are being taken to address and eliminate them? 20

5. Has your Court issued any relevant rulings on the preservation of cultural heritage? If so, what were they about? 24

III. ACCESS TO SCIENTIFIC KNOWLEDGE AND TO NEW TECHNOLOGIES 29

1. Is the right to digital connectivity (Internet access) recognized in the relevant regulatory instruments in your country? 29

2. Are there adequate instruments in place to preserve citizens’ right to receive information through social networks, with guarantees of accuracy? 31

3. Does your legal system have mechanisms to protect against the misuse of surveillance or data collection technologies, or other means of social control that may have indefinite effects? If so, what are those mechanisms? 32

4. Does your legal system have mechanisms to protect against the misuse of artificial intelligence systems that may threaten the full enjoyment of human rights by future generations? If so, what are those mechanisms? 33

5. Has your Court issued any relevant judgments on these matters? If so, could you please briefly describe them? 34

IV. REVIEW ON THE INDEPENDENCE OF MEMBER COURTS 35

1. Has pressure been exercised on your Court by other state powers during the consideration (examination) of cases? 35

2. Has excessive pressure been exercised on your Court by the media during the consideration (examination) of cases? 35

3. Has your Court encountered resistance from other state powers following the adoption of decisions they disliked? 35

4. Have the decisions of your Court been duly published? 36

5. Are the decisions of your Court being executed? Are there special mechanisms for the execution of the decisions of your Court? 36

6. Are there problems in the execution of specific types of decisions? 38

7. Have there been attacks on the Court following the adoption of decisions? 40

8. Have there been any legislative initiatives or actions leading to creating obstacles to the activity of your Court? 40

9. How did your Court deal with cases of pressure from other state powers, media, etc.? 41

10. Has your Court received assistance from other bodies at the national or international level? Please specify the provide assistance. 41

11. Does your Court consider that is prevented by judicial restraint from defending itself in the media or from seeking assistance? 42