Fundamental rights and housing in the EU’s climate and energy transition
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Key findings and FRA opinions
- Integrating fundamental rights into the climate and energy transition
- Strengthening fundamental rights safeguards in designing and implementing energy renovation policies
- The lack of equal access to renovation measures impacts the right to housing
- Protecting the rights of tenants in energy renovations
- People confronted with housing deprivation are at risk of being left behind in the climate and energy transition
- Participation and stakeholder engagement in the energy transition is often a one-off exercise and is not inclusive
- Lack of transparency and information for complaint mechanisms hinder access to justice
- Need for integrated and systematic monitoring and data collection for a just climate and energy transition
- Introduction
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1. Access to energy and the right to housing in the climate and energy transition
- 1.1 International framework on access to affordable and sustainable energy
- 1.2 The link between the right to housing and sustainability
- 1.3 Energy as an essential service in the European Union’s framework
- 1.4 Energy renovations for achieving affordable and sustainable housing in the European Union
- 1.5 Conclusion
- 2. Fundamental rights in the European Union climate and energy governance
- 3. Non-discrimination and leaving no one behind in the energy transition
- 4. Participation and stakeholder engagement in the energy transition
- 5. Accountability: effective structures for fundamental-rights-compliant energy policy implementation
- Conclusions
- Annex 1 – Methodology
- Acronyms and abbreviations
- About this publication
Access to energy is recognised as a prerequisite for the fulfilment of human rights such as the right to health and education, and also as an element of the right to an adequate standard of living, including the right to housing, in the decisions and commentaries of international human rights mechanisms.
Energy renovations – modernisation and retrofitting of buildings and dwellings aimed at improving their energy efficiency or equipping them with access to modern and clean energy installations – are not widely considered a fundamental rights issue, yet they may impact fundamental rights in a variety of ways. Such measures enable access to clean and affordable energy and adequate housing, on which the enjoyment of many fundamental rights depends. A climate-resilient house is key to protecting its inhabitants from the negative impacts of climate change.
The Charter enshrines a number of rights and principles that should be considered in the context of energy renovations (See Legal corner – The EU Charter of Fundamental Rights protecting equal access to energy and housing).
This chapter outlines considerations on access to energy and the right to housing in the current EU and international human rights law context, in particular how access to energy is linked to fundamental rights, and how the right to housing may be impacted by energy renovations.
In international human rights law, access to energy is considered primarily in the context of housing. The right to housing under international human rights law is an explicit element of the right to an adequate standard of living (Article 11 of the ICESCR, general comments No 4 (1991) and No 7 (1997) of the Committee on Economic, Social and Cultural Rights, along with Article 28 of the CRPD and Article 27 of the Convention on the Rights of the Child). While the ICESCR does not explicitly include energy as a component of this right, the United Nations (UN) Committee for Economic, Social, and Cultural Rights has confirmed that access to energy and electricity is required in the context of the right to adequate housing under Article 11 (General Comments No 4 (1991) and No 7 (1997)). Moreover, the International Court of Justice has opined that:
[T]here is a close connection between the environment and the right to an adequate standard of living, which, for its part, encompasses access to food, water and housing, as set out in Article 11 of the ICESCR and Article 25 of the Universal Declaration of Human Rights.
International Court of Justice, Advisory Opinion on obligations of states in respect of climate change of 23 July 2025, paragraph 380.
Goal 7 of the UN Sustainable Development Goals (SDGs) calls for universal access to affordable, reliable, sustainable and modern energy. Access to energy is also necessary for the realisation of rights enshrined in the ESC (see Legal corner – Human rights and access to energy under the revised ESC: the Cañada Real Galiana decision).
The United Nations Convention on the Elimination of All Forms of Discrimination against Women, ratified by all EU Member States, is the only international human rights law that explicitly enshrines a human right to energy (electricity). Article 14(2)(h) includes electricity as an element of rural women’s right to adequate living conditions. In its General Recommendation No 34 (2016), the Committee on the Elimination of Discrimination against Women highlights the gender dimension of ‘poor access to modern energy supplies and services’.
Energy renovations impact the right to housing, beyond ensuring access to clean energy. They are an opportunity to ensure adequacy, affordability, accessibility and habitability, along with the sustainability and climate resilience of homes. At the same time, they may negatively affect housing affordability and limit access to adequate housing for people in vulnerable situations and tenants. Ensuring equal access to energy renovation measures and effective safeguards to mitigate unintended harm are key to prevent negative impacts.
While housing policy lies within the competence of the Member States, the EU has direct or shared competence in relevant areas such as state aid and competition policy and energy policy. It can also have a supporting role, for example by providing guidance and funding, in line with the principle of subsidiarity. Ensuring the sustainability of housing is essential to address climate change and environmental pollution. Sustainable housing can be defined as ‘low or zero emissions housing, that is built with regenerative [and] sustainable materials, and that adequately protects against climate-related disasters and weather’.
The right to housing is interdependent on other human rights in the context of climate change. In its landmark advisory opinion on obligations of states in respect of climate change, the International Court of Justice recognised the right to a clean, healthy and sustainable environment as a precondition of enjoyment of many human rights, including housing. The UN Special Rapporteur on adequate housing in the report on climate crisis advises that the right to housing should also encompass sustainability, in keeping with the right to a clean, healthy and sustainable environment.
EU law and policy consider energy an essential service. While there is no explicitly recognised self-standing right to energy in EU primary law (Cuyvers et al., 2024), the Charter enshrines and recognises a number of relevant rights and principles (see Legal corner – The EU Charter of Fundamental Rights protecting equal access to energy and housing).
Article 36 of the Charter enshrines the principle of respect by the EU for the access to services of general economic interest, in line with Article 14 of the Treaty on the Functioning of the European Union (TFEU). Protocol 26 of the Treaty on European Union (TEU) outlines the shared values that direct the EU’s activities in this area: the essential role and wide discretion of the Member States’ authorities; the diversity between services and differences of user preferences or needs; and ensuring a high level of quality, safety and affordability, equal treatment and the promotion of universal access and of user rights. Articles 122 and 194 TFEU outline the basis and objectives for EU energy policy. Article 194 TFEU also expressly links the EU’s energy policy to the aims of guaranteeing a high level of environmental protection enshrined in Article 191 TFEU. These principles are incorporated into EU energy sector laws, which also reflect the principle of energy efficiency first.
Principle 20 of the EPSR, adopted as a Commission Recommendation (EU) 2017/761 includes energy among the essential services to which everyone in the EU is entitled, and explicitly reiterates the services of general economic interest value of universal access.
The EPSR action plan highlights the link between essential services and social inclusion, requiring the adoption of legislation or measures for effective access to services and implementation of the sectoral laws and policies both at the EU level and by Member States.
EU secondary energy sector legislation increasingly incorporates and operationalises Principle 20 of the EPSR. For example, the EED, SCFR, the Just Transition Fund Regulation and the recast Gas Directive all explicitly refer to the EPSR and recognise energy as an essential service in line with its Principle 20.
Key EU climate and energy laws incorporate certain fundamental rights aspects, albeit not systematically (Table 1 and below).
Table 1 – Mapping of selected fundamental rights aspects in key EU climate and energy laws
|
EU law |
Fundamental/ human rights |
Social rights |
Equality and non-discrimination |
Gender equality |
Vulnerable persons/groups |
Access to energy |
Affordable housing |
|
✔ |
✘ |
✘ |
✔ |
✔ In the context of adaptation – ‘most vulnerable populations and sectors’ (Article 5). |
✘ |
✘ |
|
|
Energy Union and Climate Action Governance Regulation
–> National energy and climate plans |
✔ |
✔ |
✘ |
✔ |
✔ Refers to households in energy poverty, vulnerable consumers, energy poor consumers. |
✔ |
✘ |
|
✘ |
✘ |
✘ |
✘ |
✘ |
✔ |
✘ |
|
|
✘ |
✔ |
✔ |
✘ |
✔ Prioritises measures among people affected by energy poverty, vulnerable customers, low-income households, and social housing (Article 24.4, Recitals 76, 78, 125). |
✔ Defines energy poverty and emphasises access to essential energy services. |
✘ |
|
|
✔ |
✔ |
✘ |
✘ |
✔ Defines ‘vulnerable customers’ and protects them from disconnections (Articles 27, 27a, 28). |
✔ Establishes right to universal service and strengthens consumer rights. |
✘ |
|
|
✔ |
✔ |
✘ |
✘ |
✔ Provides safeguards for gas consumers, including vulnerable customers. |
✔ |
✘ |
|
|
✘ |
✘ |
✔ |
✘ |
✔Ensures accessibility of renewables self-consumption for low-income or vulnerable households (Articles 21.6, 22.4). |
✔ |
✘ |
|
|
Energy Performance of Buildings Directive
–> National building renovation plans |
✘ |
✘ |
✘ |
✘ |
✔ Requires protecting vulnerable households from negative social impacts of renovation costs (Articles 9.4, 17.18). |
✘ |
✔ Requires addressing housing affordability in NBRPs. |
|
Social Climate Fund Regulation
–> Social climate plans |
✘ |
✔ |
✔ |
✔ |
✔Requires addressing social impacts of ETS-2 on vulnerable households, transport users and micro-enterprises. |
✔ |
✔ Eligible measures include building renovation support for tenants and people living in social housing (Recital 24, Article 6.1(q)). |
Alternative text: The table summarises how various EU climate and energy laws address selected fundamental rights aspects. For each law, the table shows whether specific aspects—such as human rights, social rights, equality and non-discrimination, gender equality, protection for vulnerable groups, access to energy, and affordable housing—are included. A checkmark means the law covers that aspect, while a cross means it does not.
Source: FRA.
The affordability of energy is a common theme in EU energy legislation and policy, primarily via its focus on energy poverty. The recent legislation and policy explicitly acknowledge the link between access to affordable energy and the standards of living and health. The recast EED introduces a minimum EU-wide definition of energy poverty.
Some EU laws introduce specific safeguards for ensuring access to energy. For example, the recast Electricity Directive establishes a right to universal service (Article 27) and strengthens the rights of electricity consumers. It obliges Member States to define ‘vulnerable customers’ in this context and take appropriate measures to protect them, which may include social security benefits and energy efficiency support to tackle energy poverty (Article 28). The definition explicitly includes affordability considerations, along with specific energy needs, for example those linked to health or age (see also Chapter 3 2). The directive also requires that vulnerable consumers be protected from disconnections (Article 28a) and indicates that Member States may appoint a supplier of last resort (Article 27). The recast Gas Directive provides for related safeguards for gas consumers (Articles 26 and 28), also specifically in the context of gas phase-out (Article 13). The Commission will provide guidance on the protection of vulnerable customers and customers affected by energy poverty in this context (Article 27). Both these directives also explicitly refer to the Charter in their respective preambles, acknowledging the link between access to energy and fundamental rights.
In the context of energy decarbonisation, EU law also contains certain rules and safeguards for equal access specifically to clean and sustainable energy. The recast Renewable Energy Directive sets out, among other things, EU rules for renewable energy self-consumption and renewable energy communities. It requires that Member States put in place an enabling framework addressing the accessibility of renewables self-consumption and related barriers, including for low-income or vulnerable households and tenants (Article 21). Participation in renewable energy communities should be accessible to all consumers including for low-income or vulnerable households, and consumers participating in such communities should be treated in an equal and non-discriminatory way (Article 22). The amendments introduced by Directive (EU) 2023/2413 as regards the promotion of energy from renewable sources also strengthen consumer rights of district heating and cooling users, for example by providing for the right to disconnect from non-efficient district heating and cooling systems (Article 23).
The key European Green Deal initiative for achieving energy efficiency in the buildings sector through renovations – the Renovation Wave – should be implemented in a way that ‘protects the right of everyone to have affordable, liveable, accessible and healthy housing’ (p. 26). The Commission communication also highlights renovations ‘as a lever to address energy poverty and access to healthy housing for all households’ and stresses the need to address the energy efficiency of buildings together with their accessibility in line with the CRPD obligations of the EU and its Member States. Although the EU has adopted legislation to establish a framework for decarbonisation and energy renovations of buildings to achieve energy-efficient, sustainable and quality housing via renovations, and has acknowledged the need to safeguard access and affordability of housing in this context, no concrete guidelines and measures have been put in place to ensure such equal access to energy renovations.
The EED calls on Member States to implement energy efficiency obligations and measures as a priority among people affected by energy poverty, vulnerable customers, people in low-income households and, where applicable, people living in social housing. They must also ensure that the measures implemented have no adverse effects on those persons (Article 8(3)). However, some provisions run the risk of excluding people from access to energy renovations. The EED allows Member States to exempt social housing from the minimum energy performance obligations where renovations would not be cost-neutral or would lead to rent increases (Article 6(1)). Although the intention was to protect low-income households, there is a risk that this provision may result in depriving people living in social housing from access to energy renovations. It is therefore important that these rules are implemented in a way that enables access to energy efficiency renovations for vulnerable customers and people living in social housing and protects them from disproportionate cost increases.
The need to implement renovations in line with the principles of leaving no one behind and a fair transition to climate neutrality is addressed in the EPBD. For example, Recital 64 highlights the need to target vulnerable households and protect them from the negative social impacts of renovation costs and to take measures to prevent evictions. Member States are also required to establish draft NBRPs, which were due by 31 December 2025, and to include indicators on empowering and protecting vulnerable customers and addressing energy poverty, including housing affordability (Article 9(4)).
Additionally, the Social Climate Fund Regulation establishes a legal and funding framework to ensure a socially fair transition specifically in the context of addressing the social impacts of the ETS-2 within the scope of the EU emissions trading system on vulnerable households, transport users and micro-enterprises. Member States had to submit draft SCPs by June 2025, with the first fund disbursements planned in 2026. The measures include investments intended to increase the energy efficiency of buildings, decarbonising the heating and cooling of buildings and direct income support (Article 3), in particular for vulnerable households and microenterprises, including for tenants and people living in social housing (Article 8(1)).
Fundamental rights are key to ensuring that the EU climate and energy transition is just. Access to affordable and sustainable energy and adequate housing are essential to the enjoyment of other rights, as recognised in both EU and international law. However, while energy renovations offer opportunities to improve living standards and address energy poverty, current policies often lack robust safeguards for vulnerable groups, risking further exclusion. A more systematic, rights-based approach is needed to ensure that energy transition measures do not inadvertently result in negative impacts on fundamental rights or deeper inequalities.