Last December the Higher Court of Justice of Aragon (TSJA) recognized and confirmed the ruling that links electrohypersensitivity to occupational electromagnetic fields exposure. This is a pioneering sentence (the first recognized case in Aragon) and the third in Spain. This confirms the judgement of the Court of First Instance of Zaragoza. The court ruling adds to recent rulings in Spain by granting work incapacitation to workers affected by electrosensitivity.
The ruling granted Joaquín Sanz the recognition that electrosensitivity had been the consequence of an accident at work and recognizes that he contracted electrosensitivity in the workplace.
Asides (The Independent Association for the Defense of Health http://www.asides.es/ ) points out that in 2013 the company’s medical services rated Joaquín Sanz as a person sensitive to electromagnetic fields, and yet he had to continue his work in places close to Wi-Fi and telephony antennas.
Both the Supreme Court of Italy and the High Court of Justice of Madrid had established a direct connection between radiation and serious diseases. In 2011 the Supreme Court of Italy granted Innocente Marcolini that his cranial nerve neuroma was caused by the several hours a day he spent talking on the mobile phone for work reasons. In the same way, in 2017 Roberto Romeo’s brain tumor was considered as an occupational disease by the Court of Justice of Ivrea ( recognised as a result of the use of the mobile phone). Both judgments took into account the scientific information provided by the experts in which it was shown that there is a causal relationship between mobile phone radiation and brain cancer, which caused the WHO in 2011 to classify radiofrequency electromagnetic fields as category 2B Possible Human Carcinogen. In 2016, telecommunications engineer Ricardo de Francisco managed to get the Superior Court of Justice of Madrid to declare that his electrosensitivity was a cause of incapacity for work, in the same way that a female worker of the University of Murcia achieved it in 2017.
Different environmental organizations and groups of affected people are demanding that the current electromagnetic emission limits be reduced, both for the population in general and in the workplace.
Citizens are being exposed to electromagnetic radiation without proper awareness and without the possibility of protecting themselves. The type of rapid development and emission levels have been set according to the interests of the industries and not according to independent scientific criteria. In the above examples the courts have had to protect workers affected by electromagnetic pollution.
“If urgent measures are not taken,” Asides warns, “according to experts’ forecasts, we will increasingly see an increase in health problems related to electromagnetic exposure, such as: cancer, electrosensitivity, infertility and behavioral disorders”.