transition into a greener economy.180 Through this program, Germany retrofitted 300,000
apartments, which substantially reduced CO2 emissions, lowered heating costs for landlords
and tenants, created jobs, and provided government revenue through income tax.181 Thus,
Germany has taken strong steps towards respecting the right to social security while
transitioning to a low-carbon economy through its study of jobs in the low-carbon economy
and its institutionalized dialogue on the subject.
5.2.3 Understanding the Right to Social Security in Relation to Climate Change
Adaptation Policies
States must also ensure that their adaptation measures respect the right to social security.
Notably, States should ensure that response measures do not negatively affect vulnerable
individuals or communities, or, if certain individuals or groups are affected, that social
security schemes are inclusive towards these people. As noted above with respect to
flexicurity, strong adaptive policies relating to social security can facilitate mitigation. Just as
with the direct effects, it will be important to analyze each subject area covered by social
security schemes to ensure that government response to climate does not negatively impact
the delivery of social security.
CESCR, General Comment No 18, UN Doc E/C.12/GC/18, (24 November 2005) at para 7 [General Comment
No 18].
110 Ibid at paras 7-8.
111 See e.g. International Covenant on Civil and Political Civil Rights, Article 8(3)(a); International Convention on the
Elimination of All Forms of Racial Discrimination, Article 5(e)(i); Convention on the Elimination of All Forms of
Discrimination against Women, Article 11(1)(a); Convention on the Rights of the Child, Article 32; International Convention
on the Protection of the Rights of All Migrant Workers and Members of Their Families, Articles 11, 25, 26, 40, 52, 54. For
regional instruments that recognize the right to work, see European Social Charter of 1961 and Revised European
Social Charter of 1996, Part II, Article 1; African Charter on Human and Peoples’ Rights, Article 15; Additional Protocol to
the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights, Article 6.
112 General Comment No 18, supra note 109 at para 6.
113 Ibid at para 12.
114 Ibid at para 12(a).
115 Ibid at para 12(b).
116 Ibid at para 12(b)(i).
117 Ibid at para 12(b)(ii).
118 Ibid at para 12(b)(iii).
119 Ibid at para 12(c).
120 Ibid at at para 1.
121 ILO Convention No. 168 concerning Employment Promotion and Protection against Unemployment, 21 June 1988, ILO
Gen Conf, 75th Sess (entered into force 17 October 1991), Preamble.
122 General Comment No 18, supra note 109 at para 6.
123 ILO Convention No. 29 concerning Forced or Compulsory Labour, 28 June 1930, ILO Gen Conf, 14th Sess (entered
into force 1 May 1932), Article 2(1); See also ILO Convention No. 105 concerning the Abolition of Forced Labour, 25
June 1957, ILO Gen Conf, 40th Sess (entered into force 17 January 1959) at para 2.
124 General Comment No 18, supra note 109 at para 12.
125 Ibid at para 11.
126 Ibid at para 31.
127 Ibid at paras 23-28.
109
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