Human Rights (Scotland) Bill
Without a healthy environment, humanity cannot survive or thrive.
We need an enforceable right to a healthy environment in Scots law.
What is the human right to a healthy environment?
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.
Learn more: What is the Right to a Healthy Environment?
The right to a healthy environment has substantive and procedural parts:
Substantive rights
The six substantive features are: clean air; a 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 healthy biodiversity and ecosystems.
Procedural rights
The procedural part specifies the processes and mechanisms for people to exercise their environmental rights and ensure environmental laws are enforced. The three rights of access to information, public participation in decision-making, and access to justice are enshrined by the UNECE Aarhus Convention.
Human Rights (Scotland) Bill
The Scottish Government published its consultation on a new Scottish Human Rights Bill in June 2023. The Bill aims to protect a range of rights, including the human right to a healthy environment ‘with substantive and procedural elements’.
ERCS is a member of the Advisory Board and the wider implementation group to the Human Rights Bill.
We are an active member of Human Rights Consortium Scotland, and contributed to the Make Human Right Justice a Reality report, which outlines thirteen priority actions for improving access to human rights justice in Scotland.
What is happening now?
To make a real difference, our substantive environmental rights must have ‘teeth’: they must be clear, robust, and enforceable to the highest standards.
We worked with environmental and human rights organisations from across Scotland to mobilise a strong response to the Human Rights Bill consultation in 2023.
We are now urging the Scottish Government to ensure that the Bill is in next 2024 Programme of Government.
Blogs & news
Scotland’s environmental watchdog needs a trip to the vet
Read ERCS’s report on our first 11 representations to Environmental Standards Scotland, and our legal director’s summary …
Dismay and concern after Scottish Government abandons flagship Human Rights Bill
The Programme for Government announced yesterday signals the Scottish Government’s abject failure to deliver on their promise of a Scottish Human Rights Bill including the right to a healthy environment …
Systemic failure to enforce engine idling ban is putting public health at risk – press release
Engine idling is banned in Scotland because it releases toxic exhaust fumes that are harmful to human health and the environment. Yet despite numerous reports of idling, there has been a systemic failure to enforce the ban at air pollution hotspots …
Lunchtime 101: Why Scotland needs a legal right to a healthy environment
What is the right to a healthy environment and what would legal environmental rights mean for Scotland? Watch our free lunchtime webinar …
Former UN Special Rapporteur explains in 90 seconds why Scotland needs the right to a healthy environment
During the last six years as the UN Special Rapporteur on human rights and the environment, Professor David R. Boyd has supported countless people across the world to implement and use their right to a healthy environment – watch his message to Scotland …
Civil society groups call on First Minister to ‘show leadership’ by enshrining a legal right to a healthy environment – press release
Over sixty environmental, human rights, and health organisations have written an open letter to Scotland’s First Minister, urging him to push ahead with plans for an enforceable right to a heathy environment in the next Programme for Government …
Resources
Get the latest updates
Join our mailing list to stay up to date on our work on the right to a healthy environment.
