The complaint was registered on 6 March 2026. It relates to Articles 11 (right to protection of health), 12 (right to social security), 13 (right to social and medical assistance), 14 (right to benefit from social welfare services), 23 (right of elderly persons to social protection) and E (non-discrimination).

Sindicato SAD De Cuidadoras Profesionales Municipales alleges that during the COVID-19 pandemic, measures adopted by Spanish health authorities violated the rights of older persons and persons with disabilities, particularly those in residential care homes. The complainant organisation maintains preventable deaths occurred due to protocols and internal orders that prioritised patients based on age and comorbidities, preventing hospital transfers and intensive care access for older and dependent persons; that care homes lacked preventive measures including protective equipment, diagnostic tests and medical supplies; that living conditions in care homes were inadequate with poor isolation measures, staff shortages and lack of coordination with health services; that persons with disabilities were denied adequate medical follow-up, rehabilitation and home care support; that benefits for dependent persons were interrupted or delayed; and that isolation measures deprived residents of family visits and adequate social services, in violation of the Charter.

The complaint highlights significant disparities in mortality rates between autonomous communities, with excess deaths particularly concentrated in Madrid, Catalonia, Castile and León, and Castile-La Mancha. The complainant expresses concern that, since the relevant legislation has not been reformed, similar failures to protect vulnerable groups can be repeated in the event of future crises.

​​ Case-document No. 1, Complaint registered on 6 March 2026, (original text in Spanish)