Aarhus Convention
We are advocating for Scotland to fulfil its legal obligations under the UN Aarhus Convention, an international treaty which enshrines our procedural environmental rights.
What is the Aarhus Convention?
The UNECE Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus Convention) is an environmental treaty signed by the UK in 2005. It guarantees our legal right to participate in democratic processes relating to environmental matters:
- The right to be informed and have access to information about the environment
- The right to participate in environmental decision-making
- The right to fair and affordable access to justice and effective remedies
Scotland is breaching our right to access justice
Access to legal justice ensures that citizens can challenge environmental decisions, acts or omissions in a court of law. It allows us to hold polluters and public bodies to account for environmental damage, stand up for nature, and defend our right to a healthy environment.
But in Scotland, access to justice is complex, intimidating, and expensive. It can cost tens or hundreds of thousands of pounds to take an environmental case to court.
Holding the Scottish Government to account
Scotland is in breach of Article 9 of the Aarhus Convention. The governing bodies of the Convention have given Scotland until 1 October 2024 to implement their recommendations to remove barriers to justice.
We find the Scottish Government’s action plan inadequate: read our full evaluation and recommendations.
In response to the persistent lack of progress on making access to justice affordable, we made a representation to Environmental Standards Scotland, Scotland’s environmental watchdog. We continue to campaign for legal aid reform, removal of court costs, and a dedicated Scottish Environment Court.
Read our briefing for a timeline and scorecard of Scotland’s non-compliance with the Aarhus Convention.
We are calling for legal reforms to improve access to justice in Scotland:
Blogs & news
Scotland’s new protective expenses rules remain non-compliant with the Aarhus Convention
Read ERCS’s new briefing which evaluates the latest changes to Scotland’s Protective Expenses Order (PEO) rules, and asks why they still do not meet the Convention’s access to justice requirements …
New briefing calls for urgent reform to Scotland’s legal aid system
A new briefing, jointly authored by ERCS, the Human Rights Consortium Scotland and JustRight Scotland, calls for urgent reform to improve Scotland’s civil legal aid system and increase access to justice …
New scrutiny exposes Scotland’s failings ahead of UN environmental justice deadline – press release
Time is running out for the Scottish Government to meet a UN environmental justice deadline according to a new scrutiny by ERCS, which brings to light a series of failings …
Lunchtime 101: Access to Justice on the Environment
Why is Scotland still in breach of the UN Aarhus Convention’s access to justice requirements? Watch our webinar …
Campaigners slam Scottish Civil Justice Council for refusing to consult on changes to legal expenses – press release
Campaigners have criticised the Scottish Civil Justice Council (SCJC), for its lack of transparency in undertaking a review of legal expenses …
Petition handed in to Scottish Government for Human Rights Day
Today we submitted the final copy of our petition calling for an enforceable right to a healthy environment …
Resources
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