Climate change deeply intertwines with various policy realms, especially those concerning equalities, human rights, and civil justice. The Scottish Parliament’s Equalities, Human Rights and Civil Justice Committee is at the forefront, recognising the need to engage with pressing issues of emission reduction and climate adaptation. This blog explores how access to justice and decision-making participation are crucial to addressing climate challenges across society. A companion blog will delve into specific legal cases highlighting civil law’s role in climate adaptation.
The interdependence of human rights and a healthy environment is underscored by the Scottish Human Rights Commission (SHRC). They affirm that rights like clean air and safe climate, alongside rights to participation and justice, form the backbone of our quest for environmental integrity. The UN General Assembly’s 2022 acknowledgment of the right to a healthy environment signals a significant global shift, with over 150 countries now enshrining this right into their national laws.
In 2023, Scotland’s government proposed a Human Rights Bill aimed at embedding the right to a healthy environment in legislation, emphasising that future decisions must prioritise ecological well-being. However, the absence of this Bill in the 2024-25 Programme for Government has raised concerns about legislative limitations stemming from devolution. The Equalities, Human Rights and Civil Justice Committee commenced discussions with stakeholders on this critical issue in October 2024.
The Environmental Rights Centre for Scotland (ERCS) continues advocating for the establishment of a robust right to a healthy environment under Scots law. Moreover, the procedural rights aspect highlights the necessity for inclusive decision-making processes where communities impacted by climate policies significantly contribute. Engaging young people and marginalised communities remains essential for equitable climate action, ensuring their voices resonate in policy frameworks.
Obstacles to accessing environmental justice through legal channels persist, particularly in relation to the Aarhus Convention, which gives citizens rights to challenge environmental law breaches. Recent findings indicate Scotland’s consistent failures to comply with this convention, primarily due to the high costs associated with seeking justice. Although the Scottish Government expresses commitment to improving access to environmental justice, substantial reforms are still needed to align with Aarhus provisions.
Climate inequality issues encompass varied factors, including geography, age, gender, and socio-economic status, which exacerbate vulnerability to climate impacts. Evidence indicates that communities in the Global South, particularly Small Island Developing States, suffer the most severe consequences. Furthermore, research highlights that structural inequalities amplify climate change’s effects on marginalised groups, with young people facing significant long-term challenges despite contributing least to global emissions.
The Scottish Government has undertaken assessments to ensure that climate adaptation efforts are equitable, particularly for those facing socio-economic disadvantages. A commitment to uphold fairness during the transition to net zero is evident in the Climate Change Act 2019, which demands that climate initiatives consider anti-poverty strategies. The Economy and Fair Work Committee’s work intersects seamlessly with climate policies, reinforcing the notion of a just transition across Scotland’s diverse communities.
This blog highlights the vital connection between climate change and human rights in Scotland, focusing on the roles of the Equalities, Human Rights and Civil Justice Committee. It discusses proposed legislation for a right to a healthy environment, procedural rights in decision-making, and persistent obstacles to accessing environmental justice. Additionally, it examines how climate change exacerbates inequalities, particularly for marginalized communities, underscoring the need for equitable policies and just transitions in adaptation strategies.
The intersection of climate change with human rights in Scotland reflects a nuanced understanding of justice and equality. As the Equalities, Human Rights and Civil Justice Committee advocates for enhanced rights and procedural frameworks, the critical need for inclusive decision-making becomes evident. Addressing climate inequalities through engagement and equitable access to justice not only reinforces human rights but also fosters resilience against future climate impacts. Scotland stands on the brink of significant legislative reforms that could redefine its approach to environmental equity.
Original Source: spice-spotlight.scot
