climate change

Human Rights and Climate Activism: The Case of Valentina Corona and the G7 Protest

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The protection of human rights defenders, including climate activists, is a state obligation under international law. The UN Special Rapporteur (SR) on Human Rights Defenders and other SRs raised the issue in connection with the alleged arbitrary detention and degrading treatment of climate activist Valentina Corona and twenty other demonstrators during a peaceful protest on 9 July 2024 in Bologna

The incident coincided with the G7 Ministerial Meeting on Science and Technology. On 6 December 2024, the UN Special Rapporteur on Human Rights Defenders, along with other UN experts, formally addressed the Government of Italy regarding the treatment of the detained activists, requesting clarification on the events. According to this communication, members of an international movement, Extinction Rebellion, staged a peaceful demonstration outside Bologna’s municipality, advocating for urgent climate action in response to climate change and the environmental crisis through non-violent civil disobedience manifestation. Despite their peaceful approach, law enforcement officers intervened, taking the activists to the police station, detaining and holding them in custody for seven to eight hours without formal arrest. 

According to the SRs. This practice appears to contravene procedural safeguards under Italian law, particularly Article 13 of the Italian Constitution, which prohibits arbitrary detention, and Article 386 of the Italian Code of Criminal Procedure, which mandates that detainees be informed of the reasons for their detention and granted immediate access to legal counsel. 

Concerns Regarding the Treatment of Detainees 

Specific concerns have been raised regarding the treatment of Ms. Valentina Corona, who did not participate in the protest itself but was present as a mediator between the activists and the authorities, engaging in a dialogue with the police to de-escalate tensions. Reports indicate that she was separated from the group, reportedly obliged to undress completely in a bathroom, ordered to bend over for an inspection conducted by a female officer and denied access to legal representation. These allegations raise serious concerns under international human rights law. The Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (1988), adopted by the UN General Assembly, establishes that searches must respect human dignity and must not be conducted in a manner that is degrading or humiliating. Additionally, the confiscation of personal belongings and the reported denial of access to legal counsel raise potential violations of Italy’s obligations under the Article 9 of the International Covenant on Civil and Political Rights (ICCPR), which prohibits arbitrary detention, and Article 14 ICCPR, which guarantees the right to legal assistance and due process. Furthermore, the denial of access to legal representation may also contravene Article 24 of the Italian Constitution, which ensures the right to defence in all judicial and administrative proceedings.

Freedom of Assembly and the Criminalisation of Climate Activism

The detained activists now face charges under Article 18 of the Consolidated Law on Public Security (TULPS), which governs public demonstrations, and Article 610 of the Italian Penal Code, which criminalises "private violence" (violenza privata), defined as coercing individuals through force or threats. The latter offence carries a penalty of up to four years in prison.

The UN Special Rapporteurs have emphasised that these charges were brought against individuals engaged in peaceful protest whose actions posed no threat to public safety or individual security. Their activism was driven solely by legitimate and well-founded concerns about climate change and its impact on human rights. The application of these charges raises worries about Italy’s compliance with international human rights obligations, particularly regarding Article 19 of the Universal Declaration of Human Rights (UDHR) and Article 19 ICCPR, which guarantee the right to freedom of expression, as well as Article 20 UDHR and Article 21 ICCPR, which safeguard the right to peaceful assembly.

The UN Human Rights Committee, in its General Comment No. 37 (2020), has reaffirmed that restrictions on peaceful assembly must meet strict legality, necessity, and proportionality criteria. The charges against the detained activists raise concerns about whether these principles have been upheld.

Italy's International Human Rights Obligations 

As a state party to the ICCPR, Italy is legally obligated to protect individuals exercising their rights to freedom of expression, association, and peaceful assembly, ensuring their protection from undue restrictions or reprisals. UN Special Rapporteurs have repeatedly stressed that states must take effective measures to safeguard climate activists from intimidation, criminalisation, and violence. The suppression of climate activism through prolonged detention and criminal prosecution not only undermines democratic principles but also contravenes the rule of law. It is also important to highlight that the failure of current climate measures to meet the 2030 targets, combined with the targeting of activists, raises serious concerns about Italy’s commitment to upholding human rights in the context of the climate crisis.

The increasing restrictions on civic space, including the repression and criminalisation of climate activism, have been identified as matters of serious concern by various UN human rights mechanisms. The right to a clean, healthy, and sustainable environment, recognised in UN General Assembly Resolution 76/300 and Human Rights Council Resolution 48/13, underscores the legitimacy of environmental activism. Furthermore, under the UN Framework Principles on Human Rights and the Environment, states must ensure safe conditions for human rights defenders advocating for environmental protection, shielding them from threats, harassment, and violence. 

In response to the events in Bologna, the UN Special Rapporteurs have urged the Italian government to provide a detailed explanation of the legal basis for the detention of climate activists and demonstrate its compliance with international human rights standards. They have also called for concrete measures to ensure that climate activists and human rights defenders can operate freely and safely without fear of retaliation, criminalisation, or intimidation. The experts emphasised Italy’s obligations under international law and stressed the need to protect the right to peaceful assembly and expression. Additionally, they have requested an independent investigation into allegations of degrading treatment and procedural violations during detention.

Conclusion and Recommendations 

The case of Ms. Valentina Corona and her fellow activists highlights the growing risks climate defenders face in Italy and worldwide. The UN human rights experts have urged the Italian authorities to uphold their international human rights commitments by ensuring that climate activists can operate freely without fear of persecution, intimidation, or unlawful detention. They have further emphasised the need for impartial investigations into reported abuses and accountability in cases of misconduct by law enforcement authorities. 

The UN Special Rapporteurs have underscored the need for an independent investigation into allegations of degrading treatment and procedural violations. Such an investigation is crucial to ensure accountability and prevent future violations. Suppressing climate activism through legal prosecution and administrative measures is inconsistent with democratic principles and human rights protections.

The Italian Government failed to respond to the UN Special Rapporteurs within the 60-day confidential period, after which the communication was made public on 12 February 2025

After the UN’s intervention, the Public Prosecutor requested the dismissal of Ms. Corona’s complaint regarding her alleged mistreatment. The UN Special Rapporteur has expressed deep concern over this development, stressing the importance of ensuring accountability for any human rights violations that may have occurred. 

These events are unfolding against a backdrop characterised by the discussion at the Italian Parliament (namely at the Senate) of a public security bill that may favour recourse to force to curb climate activists. The repression of peaceful climate activism poses a direct challenge to democracy and fundamental freedoms. As the climate crisis escalates, the protection of environmental defenders must remain a priority to ensure accountability and urgent action on climate justice. Governments must guarantee the fundamental rights of individuals advocating for urgent climate action, ensuring they are not subjected to punitive measures to silencing dissent, and shape policies that promote ecological sustainability and human rights protection.

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2024

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Keywords

climate change environment United Nations freedom of assembly and association Italy