The European Committee of Social Rights, which depends on the Council of Europe, concludes in the condemnation of Spain for the power cuts in the Cañada Real, stating that in order for people to enjoy their rights to housing, health, and education, they must have «stable, constant, and secure access to adequate energy.»
This decision was made public against Spain for violating the rights of the European Social Charter in the Cañada Real Galiana, in Madrid, where about 4,500 people, including 1,800 children, have been without electricity for over four years. The Committee emphasized that when states choose to supply energy through private companies, they cannot «subcontract» their human rights obligations to these companies. It underlined that «ensuring the rights of the Charter remains a responsibility of the State.»
Furthermore, the Committee warned that when people have «irregular or nonexistent» access to energy for an extended period, they are considered «energy poor.» This situation raises «serious concerns» in terms of the right to protection against poverty and social exclusion as established in the Charter.
Specifically, it pointed out a violation of Articles 11.1 and 11.3 of the Charter regarding the failure of the State to adopt appropriate measures to eliminate, as far as possible, the causes of the «poor health» created by power cuts. The Committee unanimously concluded that there was a violation of Article 31.1 of the Charter concerning the failure of the State to adopt «adequate measures» to «ensure housing of an appropriate standard for the persons concerned.»
The Committee also highlighted that houses lacking basic services such as access to electricity and heating cannot be considered as «adequate housing.» It emphasized that energy is «essential» for heating, lighting, washing, cooking, and refrigeration purposes.
Regarding rehousing measures, the Committee found them to be «insufficient» in ensuring the enjoyment of the right to housing under Article 31, paragraph 1, of the Charter. It also noted that Spain has not taken «adequate» measures to guarantee that those affected in Sectors 5 and 6 of Cañada Real enjoy their right to housing, constituting a violation of Article 31, paragraph 1, of the Charter.
The Committee also stressed the importance of the participation of families and/or associations representing them, emphasizing the need for them to express their opinions and participate in decision-making processes on policies, strategies, and measures that affect them.
In a separate aspect, the Committee determined that the lack of electricity has particularly affected people with disabilities living in Cañada Real. It recognized that «the lack of stable, consistent policies and safe access to adequate energy can create barriers to the effective exercise of the right to independence, social integration, and participation of people with disabilities.»
The organizations bringing the case alleged that power cuts, which began in October 2020 and are ongoing, have had a severe negative impact on the lives of at least 4,500 residents, including around 1,800 children. They argued that there is a violation of two blocks of rights protected in the European Social Charter and denounced the breach of up to ten articles related to cross-cutting rights such as the right to housing, the right to health protection, the right to protection against poverty and social exclusion, and the right to work.
In summary, the Committee’s decision highlights the severe consequences of the power cuts in the Cañada Real and the violations of fundamental rights as outlined in the European Social Charter. It emphasizes the State’s responsibility to ensure access to energy, adequate housing, and protection for vulnerable populations, particularly those with disabilities.
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