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For the first time in Spain, a court has recognised that allowing years of environmental pollution, including, water, air and environmental pollution caused by more than 300 intensive livestock facilities can amount to a violation of fundamental rights. Specifically, the High Court of Justice of Galicia has ruled that this administrative inaction violated the right to life, the right to private and family life, the right to property, and the right to an adequate environment.
You can find the official link to the court rulings here.
This is a landmark ruling that sends a clear message: authorities cannot turn a blind eye when industrial activities endanger people’s most basic rights, such as life, health, and well-being .
In post, we analyse why this ruling marks a turning point, what key issues the court recognises, and what implications it may have for other communities affected by industrial livestock farming in Spain and across Europe:
Please note: this is an unofficial translation of the original judgment, prepared using automated tools and/or without professional legal review. In case of discrepancy, the original language version shall prevail.
Key Points of the Judgment
Legal standing of civil society organisations: The ruling explicitly recognises the standing of consumer and user associations to defend fundamental rights, even if they are not direct victims of the harm. This is especially relevant as it reinforces the role of organised civil society in collectively defending against structural cases of environmental and social injustice.
EU Water Framework Directive (2000/60/EC): The court underlines that what matters is no longer just the use of water, but the legal duty to guarantee the ecological and chemical good status of the entire freshwater ecosystem. It finds that this good status is not achieved in the affected reservoir, and that the authorities failed in their legal obligation to adopt and implement a programme of measures to restore it within a reasonable timeframe, as required by the Directive.
Interdependence between human rights and the environment: The court makes a powerful statement: “Human rights and the protection of the environment are interdependent. A sustainable environment is necessary for the full enjoyment of human rights, including the rights to life, to an adequate standard of living, to safe drinking water and sanitation, to housing, to participation in cultural life and to development.” This reinforces the integrated approach of the ruling, which does not separate environmental protection from human well-being but recognises their deep connection.
Industrial livestock and waste: The court highlights that waste generated by industrial livestock farming, such as over 600 tonnes annually from a single facility, requires efficient and responsible management, since it does not come from free-range grazing but from concentrated industrial production. It reminds us that economic development must include environmental safeguards to be considered sustainable.
International context: The court also introduces an international perspective by citing the 1972 United Nations Stockholm Conference, stating: “Human beings are both the work and the architects of the environment that surrounds them (...). Both aspects of the environment — natural and man-made — are essential to human well-being and the enjoyment of fundamental human rights, including the right to life itself.”
Building on this reflection, the ruling interprets environmental protection as a necessary condition for the effective exercise of fundamental rights, such as the right to life (Article 15 Spanish Constitution), in connection with Article 2 and 8 of the European Convention on Human Rights (right to private and family life) and the constitutional principles in Articles 43 and 45 of the Spanish Constitution (health protection and healthy and adequate environmental protection).
The Ruling
The court declares a violation of the fundamental rights to life, privacy, the inviolability of the home, and property (Art. 33.1 CE), all linked to the enjoyment of water and the right to a healthy and adequate environment (Art. 45 CE).
This violation is attributed to the inaction of the defendant authorities , the Xunta de Galicia (regional government) and the Miño-Sil River Basin Authority (public body for water management) which, despite being aware of the situation and legally required to act, failed to take any measures to remedy it.
The authorities are ordered to immediately adopt all necessary measures to stop the odours and environmental degradation of the As Conchas reservoir and its surroundings, restoring the affected population’s enjoyment of their fundamental rights.
The court imposes a specific moratorium on new licences and permits (or expansion of existing ones) for pig, cattle or poultry farms in the A Limia region. This moratorium must remain in place until the environmental degradation is reversed.
The court orders the authorities to carry out the necessary studies to assess the extent of the pollution and to develop immediate action plans, including epidemiological studies to monitor the frequency and distribution of diseases linked to environmental contamination in the Baixa Limia.
The authorities are ordered to guarantee immediate access to clean, safe drinking water, free from pollutants, thus restoring the human right to water, as set out in the corrective measures section of the judgment.
The court orders the defendant authorities to compensate the claimants (private individuals living in the affected area) with €1,000 per month from the date of their initial administrative complaint, up to a maximum of €30,000 per person (except in one case, where the cap is set at €6,000).
Conclusion
As the court recalls, public authorities have a duty to adopt effective measures to protect the environment, ensuring sustainable economic development that does not harm the well-being of future generations.
This ruling sets a clear precedent: fundamental rights cannot be fully exercised without a healthy, protected environment. Protecting nature means protecting people.
And in that path, transforming our food systems is essential — because their impact on the environment and public health directly affects the real exercise of human rights.