HUMAN RIGHTS IN THE EUROPEAN CONSTITUTIONAL ORDER

In contrast, the CJEU’s judgments in M’Bodj and MP highlight a narrow interpretation of “serious harm” under Article 15 of the Qualification Directive. The CJEU’s approach underlines that substantial harm must require intentional acts or oversights by third-party actors, excluding those affected by slow or systematic environmental degradation. Such interpretation does not align with the evolving recognition of human rights concerning climate change, which is mainly seen in the UNHRC’s acknowledgment that environmental degradation represents one of the most significant threats to the right to life. Given climate change’s growing impact on human life, the European legal framework would need to evolve to provide adequate protection to those displaced by environmental factors. One of the most significant questions is whether the CJEU’s restrictive interpretation of serious harm under Article 15 of the Qualification Directive is politically revisable by the pressure from EU member states driven by pressure on member states themselves by international organizations to uphold their human rights obligation. The right to human dignity under Article 1 and the right to life under Article 2 of the Charter of Fundamental Rights of the European Union could serve as a key foundation for advancing a broader interpretation, bringing EU law into line with evolving international commitments. To align the CJEU’s position with international human rights standards, the principle of non-refoulement should be expanded to encompass displacement caused by climate change. This would require that environmental causes be recognized as serious harm within Article 15 of the Qualification Directive, thereby expanding the principle of non-refoulement to reflect this consideration and entitling climate change-displaced individuals to subsidiary protection. The UNHRC’s position serves as an essential reference point in advocating for a broader and more human rights oriented approach to the EU’s asylum regime.

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