Summary
On September 13, 2024, citizens officially presented the Declaration of the Rights of Lake Garda during a press conference in Desenzano del Garda. The Declaration states that in compliance with the Constitution and the laws of the Italian State, the Regions, and the Provinces, “Lake Garda enjoys legal subjectivity and the right to have its ecosystem preserved” and that “the landscape, environment, cultural heritage, and beauty of Lake Garda’s ecosystem are values to be safeguarded.”
The Declaration empowers the local community with the responsibility of safeguarding the Lake, stating that “it’s the duty of the Lake Garda inhabitants to ensure respect for the lake and to prevent, even as a precautionary measure, any damage that could irreversibly deteriorate the ecosystem.” It also stipulates the formation of the “General Council of the Lake and the Lakeside Inhabitants of Lake Garda”, which would serve as a body for drafting opinions and for the alternative and out-of-court resolution of disputes related to Lake Garda and its related ecosystems. The Declaration further recognizes the right of civil society to participate in policy and decision-making that may have an impact on the Lake Garda environment.
Environmental concerns remain at the core of their mission, including the issue of PFAS contamination, which is polluting the rivers that flow into Lake Garda. These waters are already compromised by agricultural runoff and the lack of separation between stormwater and wastewater, resulting in a severe threat to biodiversity.
February 1, 2025, represented a turning point, as it marked the expansion of participating associations within the Federation. Their work continues through various grassroots initiatives aimed at mobilization and awareness. An example of this is the upcoming municipal elections in Riva del Garda, where a mayoral candidate has explicitly included the recognition of the lake’s legal personality in their political program. In addition, they are working on educational projects for high schools to introduce students to the new paradigm of environmental constitutionalism. Looking ahead, the group will soon be publishing a book on the legal recognition of Lake Garda.
Participating associations: Gaia animali & ambiente, Legambiente, Tavolo ambiente Garda, Presidio 9 agosto (con Basta veleni, Comitato referendario Acqua pubblica BS, Cat- Comitato ambiente e territorio, Le mamme del Chiese), Sal – Salvaguardia Area Lago, Riva del Garda (TN), Tag (Tavolo ambiente Garda), Monastero del bene comune.
Suggested Citation:
Kauffman, Craig, Catherine Haas, Alex Putzer, Shrishtee Bajpai, Kelsey Leonard, Elizabeth Macpherson, Pamela Martin, Alessandro Pelizzon & Linda Sheehan. Eco Jurisprudence Monitor. V2. 2025. Distributed by the Eco Jurisprudence Monitor.https://ecojurisprudence.org/initiatives/declaration-of-the-rights-of-lake-garda/.
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