Establish a dedicated environmental court and enshrine the right to a healthy environment in law
In July 2022, the United Nations General Assembly declared access to a clean, healthy and sustainable environment as a universal human right, recognising that environmental damage has negative implications for the effective enjoyment of all human rights, for present and future generations.
To make a real difference, our substantive environmental rights must have ‘teeth’: they must be clear, robust, and enforceable to the highest standards.
The substantive elements of human right to a healthy environment have been articulated by the UN Special Rapporteur on human rights and the environment and include ‘the right to clean air, safe climate, access to safe water and adequate sanitation, healthy and sustainably produced food, non-toxic environments in which to live, work study and play, and a healthy biodiversity and ecosystem.’ This is currently not protected by human rights laws in Scotland.
The recognition and realisation of a human right to a healthy environment, defined according to best practice, would support and underpin other social and environmental objectives, enabling better decision-making for the environment, with litigation only being used as a last resort.
Scotland needs a dedicated Scottish Environment Court (SEC) to offer an appropriate judicial route to a remedy for environmental matters. Such a one stop shop would address the gaps in environmental governance in Scotland, both pre-existing and now evident following the UK’s exit from the European Union (EU), separation from the EU institutions, and the loss both of oversight by the EU Commission and access to the determination of the European Court of Justice. It would also help to address Scotland’s failure to comply with its duties under the Aarhus Convention.
There are various ways in which the SEC could fit into the existing Scottish Courts and Tribunals Structure:
- A new independent court
- Extension of jurisdiction of existing court (e.g. Scottish Land Court)
- Introduction of an Environment First Tier Tribunal
For more information:
- The clear and urgent case for a Scottish Environment Court, Environmental Rights Centre for Scotland, 2023
- Right to a healthy environment, Environmental Rights Centre for Scotland