FEANTSA and others v. Spain. Collective Complaint No 206/2022. [11.09.2024]

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), the Confederación Sindical de Comisiones Obreras (CCOO) and the International Movement ATD Fourth World, submitted a collective complaint on 4th March 2022 before the European Committee of Social Rights for the violation of rights protected by the European Social Charter. In addition, they called on this institution to order the immediate restoration of electricity, as an immediate measure.

The organisations that signed the collective complaint received invaluable support from those grouped within the Plataforma Cívica por la Luz en Cañada Real. The complainants also received legal advice from GENTIUM and the Plataforma Cívica por la Luz en la Cañada Real's Legal Group.

The complaint denounces that Spain is in breach of its obligations to the Council of Europe, as laid out in the European Social Charter, by failing to ensure heating and electricity supply to some 4,500 people living in sectors 5 and 6 of Cañada Real, of whom at least 1,800 are minors. The electricity supply was interrupted in October 2020 until today.

 

The lack of electricity supply has a serious impact on the lives of the people affected, who cannot keep fresh food or take hot showers. It causes medical conditions, worsening of pre-existing health problems and comorbidity complications from exposure to cold, anxiety and depression. It also makes it difficult to use essential medical devices or to safely store medications such as insulin.

 

Newborns, children and adolescents are particularly affected by the electricity deprivation, which has a direct impact on children's education, as they lack the light to do homework after sunset. Women, girls, elderly people, and people with disabilities are also disproportionately affected by the lack of electricity supply. The situation has exacerbated the effects of poverty and social exclusion that already existed in Cañada Real, where 16% of the inhabitants are under five and 38% under 18 years old.

 

This situation has been denounced by the Spanish Ombudsman and the United Nations Special Rapporteur on extreme poverty and human rights In the face of these facts, the State has not taken any effective measures to re-establish the supply or to provide an alternative for the people affected.

As a result of the continuous power cut and the lack of action to restore it, the State is violating the following rights, all of which are enshrined in the European Social Charter: the right to adequate housing; the right of children to education and to grow up in an environment that is conducive to the full development of their personality, as well as their physical and mental abilities; the right to protection against poverty and social exclusion; the right to the enjoyment of the highest attainable standard of health; and the right of persons with disabilities to social integration and participation in the life of the community. The complaint also appeals for the adoption of interim measures to guarantee immediate access to heating and electricity, to prevent serious and irreparable harm to the lives and bodily and mental wellbeing of those affected. 

The decision highlights Spain’s failure to protect the fundamental rights of approximately 4,500 residents, including 1,800 children, who have endured electricity cuts since October 2020. The lack of electricity has severely impacted residents’ housing conditions, health, safety, and overall well-being. The electricity cut continues to this day.  

Impact on the rights recognised by the European Social Charter 

• Violation of the Right to Housing: Authorities failed to provide adequate housing with essential services and utilities. 
• Violation of the Right of Families to Social and Economic Protection: Failure to ensure appropriate housing conditions and meaningful participation of residents in decision-making processes. 
• Violation of the Right to Protection of Health: Neglect in safeguarding residents against health hazards caused by electricity deprivation. 
• Violation of the Right of Children and Young Persons to Social, Legal and Economic Protection, particularly by undermining children's development and access to education. 
• Violation of the Right to Protection Against Poverty and Social Exclusion: Stigmatisation and social exclusion of residents. 
• Violation of the Right of Elderly Persons to Social Protection: Failure to protect older residents from the consequences of electricity cuts. 
• Violation of the Right of Persons with Disabilities to Independence and Social Integration: Disproportionate impact on individuals with disabilities. 

The ECSR emphasised that technical challenges cannot justify denying residents access to electricity, underscoring that the right to adequate housing includes access to essential services and utilities. The Committee also criticised the slow and uncertain progress of relocation plans, noting that the proposed rehousing schedule extending to 2034 is inadequate. 

The Spanish Ombudsman has played an active role as a third party in the process, denouncing the inaction of the authorities and the seriousness of the damage caused by the power cuts. He has made observations and recalled his repeated recommendations since he received the first complaint from the residents. 

Decision on the merits of the Complaint No. 206/2022 (text in Spanish )