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Need for a more fundamental rights-compliant European Green Deal

Planting a seedling
lovelyday12 / Adobestock
The European Green Deal is the EU’s principal strategy to tackle climate change: a green transition that strives to leave no one behind. A new paper from the EU Agency for Fundamental Rights (FRA) reveals a fragmented approach to addressing the impact of climate change on fundamental rights. The paper argues that a systematic application of fundamental rights standards and obligations in EU climate policy could more effectively advance a just and inclusive transition.

FRA’s paper Towards a Fundamental-Rights-Compliant European Green Deal offers a critical assessment of EU climate policies through a human rights lens. It emphasises the need to mainstream fundamental rights in future legislative and policy files to ensure they deliver on the promise of a fair and just transition. It proposes the following ways forward for the EU and its Members States:

  • Integrate fundamental rights: to protect people’s rights and leave no one behind, the EU and its Member States should systematically apply a human rights-based approach in their climate and environmental protection laws and policies.
  • Protect rights through EU funds: EU funds can advance climate and environmental goals in a way that also promotes social justice, equality and dignity. Fundamental rights should be included in the design, implementation and monitoring of all EU funds.
  • Establish a monitoring framework: to assess the impact of green policies, the EU should build capacities for monitoring their implementation. This includes setting up monitoring bodies, developing indicators and ensuring effective data collection. Such measures would help evaluate how the green transition affects people and their human rights, such as the right to health or the right to a clean environment.
  • Ensure effective participation: civil society organisations and affected groups, in particular young people, should be part of decision-making on climate policies. This would increase accountability and transparency, and facilitate the transition to a more sustainable future.
  • Enable access to justice and enforcement: citizens and civil society should be able to bring claims to protect their fundamental rights affected by climate change. Strategic lawsuits are an important tool for pursuing systemic change, but they must be complemented by robust legislative and policy measures and effective implementation of court decisions to ensure sustainable results.