European Committee of Social Rights: regulating access to energy services through the lens of Human Rights- The Case of Defence for Children International (DCI) and others v. Spain

Abstract

In 2022 due to the increasing cost of living about 40 millions Europeans, rep-
resenting 9.3% of the EU population, were estimated to be unable to adequate-
ly warm their homes, thus unveiling a disturbing situation that becomes even
more apparent in crisis times (e.g. the climate crisis, the COVID-19 pandemic)
and infringes upon human dignity, while exposing individuals to social exclu-
sion and energy poverty. At this point it is essential to mention that in 2015 the
UN General Assembly’s 2030 Agenda for Sustainable Development and spe-
cifically the Sustainable Development Goal 7 explicitly emphasized States’ ob-
ligation to “ensure access to affordable, reliable, sustainable and modern en-
ergy for all”. Equally important, in 2017 the European Pillar of Social Rights,
though not legally binding, enshrined the right of everyone to access essential
services of good quality, including energy, while it affirmed that support for
access to such services shall be available for those in need (Principle 20).