The Superior Court of Justice of Aragon, Spain recognizes Electrohypersensitivity as the result of a work accident.

 

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 affected person is a native of Samper de Calanda (Teruel), although he lives in Zaragoza and is employed in Endesa offices. He worked as a systems engineer in electrical transformation centers. The ruling states that “it is accredited that he suffers from electrohypersensitivity”, from which he began to present symptoms in 2009 and continued working “subjected to continuous exposure to very powerful electromagnetic fields”.

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.

It should be noted that the Spanish General Public Health Law of 2011 considers that the impact of electromagnetic emissions on health of  must be taken into account. Likewise, it should be noted that the current Law on the Prevention of Occupational Risks, in its article 25, urges to protect workers who, due to their particular condition, are especially sensitive to risks arising from work; as well as against elements that may endanger their fertility, an aspect that if applied in a protectionist manner, according to the available scientific information would mean that many jobs, such as those near a WI-Fi hotspot, would be in breach of the regulations. Similarly, it should be mentioned that Resolutions of the European Parliament in 2009 and the Parliamentary Assembly of the Council of Europe in 2011 call for measures to ensure the protection of people affected by electrosensitivity. The legal recognition of illnesses caused by electromagnetic pollution exposure emphasizes that there is an environmental health problem that is not being properly addressed.

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”.

 

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