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21
janvier
2025

Towards a Fundamental Rights-Compliant European Green Deal

Climate change affects the daily lives of everyone in the EU and has significant environmental, economic, social and health impacts. To tackle this, the European Green Deal was adopted in 2019. This report examines the Green Deal from a fundamental rights perspective, with the aim of protecting the right to a safe, clean, healthy and sustainable environment for all. It highlights the lack of fundamental rights in EU climate policy and the need to incorporate these rights into future legislation. It also considers how applying a human-rights-based approach to climate policy could support a fair and inclusive transition.

As the EU endeavours to implement the Green Deal and the transition to a more sustainable economy, the concomitant goal of ensuring no one is left behind presents a significant challenge. Indeed, despite the EU’s policy efforts, Equinet’s preliminary assessment of the Green Deal’s impact on equality shows that inequalities persist between different regions and demographics across the EU.

The Green Deal aims to make the EU climate-neutral by 2050 through initiatives that include increasing renewable energy and reducing emissions. However, the transition to a greener economy will impact access to basic services, income and consumption, employment, environmental quality and the quality of life. While the long-term strategic aim of the Green Deal is consistent with sustainable development and the realisation of rights, in the short term its implementation may impact negatively on several fundamental rights, such as the right to adequate housing, social protection and health, as underlined in FRA’s Fundamental Rights Report 2024. Member States have committed to reducing inequalities in the SDGs (Goal 10), which is also enshrined in principle 3 of the EPSR rights. Member States are obliged to ensure non-discrimination based on any ground, as laid out in the Charter, and to guarantee social protection (Article 34), health care (Article 35) and equal access to services (Article 36). As climate change and the green transition accelerate, these commitments are not consistently linked with respective policy answers and measures to protect those already at risk of discrimination and social exclusion.

EU law outlaws discrimination: it addresses inequalities and promotes social inclusion through a set of legal and policy instruments that address gender disparities, workplace- related discrimination and discrimination in access to goods and services. At the same time, there is still no clear legal and policy framework protecting people from the impact of climate change and environmental degradation, or from negative consequences of the Green Deal.

A 2022 report by the Parliament stresses that Green Deal just transition policies strongly focus on ensuring employment and employability, but do not adequately address the deteriorating situation of pensioners, in particular the existing and growing pensions gender gap. A 2023 study for the Employment and Social Affairs Committee  emphasises that EU climate policy instruments ‘demonstrate a limited recognition and narrow understanding of negative socioeconomic impacts.’ It notes that ‘inequalities not only intersect but mutually reinforce each other, creating self-reinforcing paths of (dis)advantage’. The study also highlights that the basic inequality dimensions are rarely discussed in the 14 EU climate policy instruments. While class and gender are identified, the same cannot be said about disability and age. The other significant gap relates to ethnicity and race-based dimensions of inequality. For example, in the 2003 heatwave in France, during which 15 000 people died, most of those that perished were older people; two thirds of the victims were women, particularly poorer women living in marginalised suburban neighbourhoods.

Equality and non-discrimination are legal principles that must be upheld in measures that seek to tackle the complex social and economic changes brought about by climate change. Similarly, relevant and applicable laws protecting fundamental rights must be considered in all actions and initiatives taken to implement the Green Deal. Failing to do so risks exacerbating existing inequalities and perpetuating cycles of disadvantage for already marginalised groups; it also risks neglecting or even violating fundamental rights protected under EU law.

Article 35 of the Charter requires Members States to ensure a high level of human health protection in the definition and implementation of all EU policies and activities. Climate change will affect everyone, but some people and places will be affected more than others. Certain individuals and communities – particularly those who are already marginalised and vulnerable – are likely to be disproportionately affected and face greater risks and threats to their enjoyment of fundamental rights. This could impact the rights of persons with disabilities (Article 26) or the rights of the elderly (Article 25) established in the Charter. A 2018 EEA study shows that people with certain diseases are more affected by heat than those in the general population. Also, older persons are more vulnerable to the impact of climate change. The European Climate and Health Observatory points out that children and young people are particularly prone to mental health problems related to climate change. Socio-economic status and financial constraints may make it more difficult for lower-income groups to prepare for and recover from the extreme impact of weather change (ETC/CCA, 2018). Furthermore, a disproportionate exposure of ethnic minorities, such as Roma communities, to flood risks has been found in some countries.

The trajectory of climate change impacts continues, as also underlined in the 2023 report of the Intergovernmental Panel on Climate Change: ‘Future exposure to climatic hazards is increasing globally due to socio-economic development trends including growing inequality, and when urbanisation or migration increase exposure.’ The report defines inequality as the ‘uneven opportunities and social positions, and processes of discrimination within a group or society, based on gender, class, ethnicity, age, and (dis)ability, often produced by uneven development. Income inequality refers to gaps between highest and lowest income earners within a country and between countries.’ The report also states that ‘actions that prioritise equity, climate justice, social justice and inclusion lead to more sustainable outcomes, co-benefits, reduce trade-offs, support transformative change and advance climate resilient development.’

According to the 2014 Intergovernmental Panel on Climate Change climate change report, the impacts of climate change events on individuals, communities and regions vary, depending on the vulnerability of the people or areas affected and their level of exposure. The 2022 EEA study Towards ‘just resilience’: Leaving no one behind when adapting to climate change confirmed that despite efforts to adapt to climate change in Europe, the most vulnerable groups in society are still the most affected. The impact on vulnerable groups due to climate change regards the following:

  • older people, children, groups of low socio-economic status and people with health problems, who tend to be more vulnerable to climate change impacts than the general population;
  • people’s ability to avoid or cope with these climate hazards depends on their financial resources, the extent of their social networks, whether they own a home and other factors;
  • individuals and communities can often be vulnerable in more ways than one and can be exposed to various climate-related hazards.

While the Just Transition Mechanism and the EPSR and related funds make considerable efforts to address social inequalities and promote fundamental rights, climate-related threats to the health of people in vulnerable situations are not yet addressed systematically or in a manner consistent with binding fundamental rights obligations in the implementing policy files, at the EU, national and regional levels.

Energy poverty may have a negative impact on the enjoyment of a number of fundamental rights embedded in the Charter (e.g. Articles 21, 34 and 36). Energy poverty also contradicts principle 20 of the EPSR, which provides that everyone has the right to affordable essential services, including water, sanitation, energy, transport, financial services and digital communications.

In addition to relevant and applicable obligations relating to fundamental rights under EU law, international legal obligations, such as those under the CRPD and the International Covenant on Economic, Social and Cultural Rights, continue to bind Member States, including when they design, adopt and implement climate policy.

According to Eurostat data, over 41 million people in the EU (9.3 % of the population) were unable to keep their home adequately warm in 2022. Those who are already in a vulnerable situation are less likely to cover energy costs against rising prices. For example, low-income households cannot afford to keep their house adequately warm twice as often (20.1 %) than the general population. According to the European Disability Forum, 24 % of persons with disabilities are at risk of energy poverty.

FRA data show that energy poverty is unequally affecting different groups and immigrants, descendants of immigrants and Roma people and Travellers, who have a considerably higher risk of experiencing energy poverty than the EU-27 average. Also, the 2023 FRA report Being black in the EU – Experiences of people of African descent shows that 14 % of persons of African descent cannot afford to keep their house warm, compared with 9 % for the general population. This is also underlined in the FRA report Being Muslim in the EU – Experiences of Muslims, which finds that twice as many Muslim households (18 %) could not afford to keep their home warm, compared with the general population (9 %).

The FRA Fundamental Rights Report 2024 concludes that in 2022 and 2023, measures adopted by the EU and Member States to address rising prices and housing issues and to tackle energy poverty have largely mitigated negative impacts on poverty and social exclusion. However, such measures were not rights-based, often remained temporary and did not always reach the most vulnerable.

The green transition has and will continue to have a significant impact on the labour market both in terms of risks, such as the expected impact of climate change to occupational health and safety, the loss of jobs, such as the phasing out of coal mining, and opportunities for new jobs in green technologies, goods and services. This may impact several fundamental rights, such as Article 31 of the Charter, which guarantees the right to fair and just working conditions, or Article 23, which establishes equality between women and men. Studies show the unequal distribution of gender and age among ‘green jobs’ and ‘brown jobs’ [1] There is no agreed definition of ‘green’ or ‘brown’ jobs, but ‘green’ jobs are mostly referred to as new employment opportunities in the green economy, where sustainability is the main objective of tackling climate change. It refers to professional activities that help to protect the environment and combat climate change by saving energy and raw materials, promoting renewable energies, reducing waste and pollution or protecting biodiversity and ecosystems. ‘Brown jobs’ are activities that potentially create a negative impact on the environment, lead to pollution of water, land and air, loss of biodiversity and exhaustion of natural resources.
.Occupational health-related risks such as heat stress differ depending on the sectors. For example, according to the European Agency for Safety and Health at Work, ‘sectors where workers are likely to do intense physical work in direct exposure to sunlight and heat include agriculture, forestry, public spaces and road repair and maintenance, fisheries, construction, mining and quarrying, transport, postal services, waste collection, and maintenance and utilities supplies.’ Depending on the sector, there are higher occupation numbers among women or men, low-wage earners or higher numbers of immigrants.

A Eurofound paper on addressing the needs for green jobs and skills in view of the changing labour markets in the transition to a green economy calls for particular emphasis to be placed ‘on addressing the gender employment gap and – in many countries in the case of women – activating under-utilised labour.’ In this regard, to increase the participation of women in the labour market, policies and measures beyond training or equal pay are necessary, especially as regards work–life balance. Moreover, the study notes that ‘analysis of labour market lack and employment rates of persons with disabilities and third country nationals in particular shows that untapped potential continues to exist in a tight labour market.’

Where negative impacts to employment are discussed, the mitigating measures rely heavily on existing programs and more general re-skilling and upskilling measures, but do not sufficiently tackle existing and upcoming inequalities.

Ensuring equal, affordable and adequate access to essential services is one of the main challenges of climate change and its mitigating measures. Access to services of general economic interest is enshrined in Article 36 of the Charter. In order to combat social exclusion and poverty, the Charter also recognises and respects the right to social and housing assistance so as to ensure a decent existence for all those who lack sufficient resources (Article 34).

A 2023 paper by Eurofound points to the need to support those negatively affected during the transition and those already in vulnerable situations: ‘it is important to break the link between employment and fulfilment of basic needs. Currently, for instance, access to quality services often depends on income or employer-provided insurances. It is key to break this link to guarantee the right to “a life in dignity at all stages of life and effective access to enabling goods and services”, as set down in the European Pillar of Social Rights.’

There are several policy challenges that remain unaddressed and for which a fundamental rights lens or perspective could prove useful. One clear gap in climate policy instruments is the absence of data on how the climate policy instrument may impact ethnicity and race-based dimensions of inequality. For example, barriers to access clean water and  affordable  energy have been identified for marginalised Roma people, particularly those living in segregated settlements. In this regard, it should be noted that the EU Council Recommendation of 12 March 2021 on Roma equality, inclusion and participation (2021/C 93/01) has no reference to the Green Deal or the just transition.

The 2019 Commission report on the evaluation of the 7th EAP noted that its implementation could have been reinforced by a stronger monitoring mechanism. Eurostat, in close cooperation with the EEA and the Joint Research Centre, regularly publishes statistics for the Green Deal in three areas: (i) reducing our climate impact; (ii) protecting our planet and health, and (iii) enabling a green and just transition. The available indicators, however, are a limited reflection of the just transition process. For example, the only indicator concerning energy poverty is the SDG indicator ‘population unable to keep home warm’.

On 26 July 2022, the Commission adopted a list of headline indicators to monitor progress towards the EU’s environment and climate goals as foreseen in the 8th EAP. The relevant communication introduces a placeholder for environmental inequalities. The EEA has been developing an initial indicator linking exposure to air pollution with income levels as part of a broader effort to measure environmental fairness and to link the exposure of groups at risk of socio-economic marginalisation to environmental and health risks. Data collected and published by the EEA are more pronounced and also refer to the SDGs. Still, disaggregation for persons and households in vulnerable situations and a systematic monitoring across different living dimensions are lacking.

The most comprehensive data set in regard to the just transition is the social scoreboard,  with parameters developed along the lines of the EPSR action plan. It could also be used as a base for assessing fundamental rights compliance, at least in the realm of social rights. While at-risk-of-poverty and social exclusion are measured, disaggregation is limited for various vulnerable living situations, such as single parents, people with disabilities, immigrants, minority groups and intersecting characteristics and regional breakdowns.

There is still a large gap in equality data, for which FRA’s surveys can partially compensate. Further, there is still little available data to measure the fundamental rights impact of environmental changes and policies to tackle them.

A possible approach to measure the fundamental rights impact of environmental changes and policies is demonstrated in the Gender Equality Index 2023, which includes a thematic focus on the socially fair transition of the Green Deal and developing gender-disaggregated data and analysis on the following aspects: (i) public attitudes and behaviours on climate change and mitigation, (ii) energy, (iii) transport and (iv) decision-making.

Embedding these indicators in an HRBA monitoring framework for a just transition could strengthen the accountability of the monitoring and help uphold the relevant and applicable fundamental rights obligations.