In a decision on the merits of a collective complaint filed by a number of non-governmental organisations focused on the impacts of power outages in two sectors of the Cañada Real Galiana shantytown in Madrid, the European Committee of Social Rights (ECSR) concludes that Spain has breached multiple elements of the Revised European Social Charter ("the Charter").
The decision is groundbreaking in international human rights law terms due to its in-depth engagement with the relationship between human rights and access to energy. The Committee makes clear that for people to enjoy their rights to housing, health and education under the European Social Charter, they must have access to "stable, consistent and safe access to adequate energy". This is fundamental for children, families, older persons and disabled, who enjoy extensive rights protection under the Charter.
In its decision, the ECSR finds that where states choose to deliver energy through private companies, they cannot "outsource" their human rights duties to those companies. Guaranteeing Charter rights remains a state responsibility.
When people have irregular or no access to energy at all over a prolonged period of time, they are "energy poor" - a situation that raises serious concerns in terms of the right to protection from poverty and social exclusion set out under the Charter.
The complaint was filed in 2022 by Defence for Children International (DCI), the European Federation of National Organisations working with the Homeless (FEANTSA), Magistrats Européens pour la Démocratie et les Libertés (MEDEL), Confederación Sindical de Comisiones Obreras (CCOO) and International Movement ATD Fourth World. The complainant organisations alleged that power outages, which started in October 2020 and are still ongoing, affect parts of Cañada Real Galiana shantytown, having a serious negative impact on the lives of at least 4,500 inhabitants, including about 1,800 children. The complaint asserted that the situation constitutes a breach of several provisions of the Charter.
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