The European Committee of Social Rights declared the Complaint No. 206/2022 admissible on 19 October 2022 and unanimously decided that it was necessary to indicate immediate measures to the Government.
Read it here: Decision on admissibility and immediate measures relating to the Complaint No. 206/2022
After two years of more than 4,500 people living in Cañada Real (Madrid) without electricity, the European Committee of Social Rights declared the collective complaint against Spain admissible on 27 October, urging the country to immediately reinstate the energy supply to the area.
This collective complaint was lodged by the Civic Platform Light for Cañada Real, DCI, MEDEL, CCOOO, Movimiento Internacional ATD Cuatro Mundo and FEANTSA as the deprivation of energy is not only in violation of the European Social Charter and the rights it guarantees, but it is also life-threatening for the people affected by it. More information about the complaint can be found here.
First collective complaint against Spain
On 2 March 2022, the above-mentioned organisations presented a collective complaint to denounce that Spain was not complying with the adopted obligations of the Council of Europe as detailed in the European Social Charter, as it did not ensure the supply of heating and energy to around 4,500 people who live in sectors 5 and 6 of Cañada Real, of which at least 1,800 are under age. The energy supply was interrupted in October 2020 and continues to this day. Additionally, they asked for preventive measures to be adopted urgently.
It is an unprecedented decision, passed unanimously on 19 October 2022. The Committee demands that the Spanish State has to adopt “every possible measure” in order to avoid “grave and irreversible dangers to the integrity of the people” who live in Cañada Real and who “do not have adequate access to electricity, exposing themselves to life-threatening dangers and risks to their physical and moral integrity”. Spain will have to report on the adopted measures before 15 December.
The Committee underlines that the prolonged and recurrent lack of energy has had “an incredibly severe impact on the living conditions of the population in question, specifically in terms of housing, heating and health”. It considers that the neighbours of Cañada Real who have been totally or partially deprived of energy would run the risk of grave and irreversible danger, especially during the upcoming winter.
The Committee has also granted the collective complaint, the first of its kind against Spain, who has until 15 December to present its allegations.
Impact of the lack of energy supply on the rights recognised by the European Social Charter
The lack of energy supply has a devastating impact on the lives of the people suffering from it, as they cannot store fresh foods or shower with hot water. It causes diseases and the worsening of pre-existing medical conditions. It also renders the use of essential medical devices difficult and jeopardises the correct storage of medicines.
As a consequence of the continued interrupted supply of energy and the lack of measures to reinstate it, the State is vulnerating, among others, the right to decent housing, the right for children to seek assistance, the protection against negligence and violence, the right to education, the right to protection against poverty and social exclusion, the right to equal treatment between men and women, access to quality healthcare, but also the right to social integration and participation in community life, all of which are included in the European Social Charter.
The Spanish State has yet to implement any measures to reinstate the supply or provide an alternative to those affected in order to guarantee the above-mentioned rights.
A visit to Cañada Real took place this September in the context of an expert event on energy poverty in Southern Europe. This video documentary gives voice to the neighbours of Cañada Real and reveals first-hand the devastating effects of energy poverty on health, watch it here.
