Scottish government drops right to healthy environment from bill

Scottish government drops right to healthy environment from bill

Environmental and human rights campaigners have criticised the Scottish government’s decision to exclude the right to a healthy environment from its forthcoming Human Rights Bill, accusing ministers of abandoning a longstanding commitment without consulting stakeholders.

More than 100 civil society organisations signed an open letter to First Minister John Swinney last week urging the government to retain the right in the bill, which is due to be introduced next year.

Campaigners said legal and academic experts had spent nine years working with the government on the proposal, which was recommended by the National Taskforce for Human Rights Leadership in 2021 and included in a 2023 consultation on the bill.

In that consultation, the social justice secretary wrote that “recognising and including the right to a healthy environment within the limits of devolved competence is a necessary and important step for Scotland now to take”.

The organisations argue that recognising the right could influence budgetary and strategic decisions addressing food and energy insecurity, health inequalities, climate change and biodiversity loss. They also say it would support Scotland’s net zero and biodiversity targets.

Shivali Fifield, chief officer at the Environmental Rights Centre for Scotland, said: “It is unbelievable that this decision has been made with no prior consultation with civil society stakeholders. Environmental and human rights organisations as well as legal and academic experts have spent countless hours over the past nine years working with the government, in good faith, to include the right to a healthy environment in a Scottish Human Rights Bill. We know we can make the right work for Scotland within devolved competence and we cannot conceive how we can fulfil full economic, social and cultural rights for all Scots without it.

“It is untenable that, once again, the rug has been pulled from under us and our good will is in shatters. I struggle to see how the government can meet its four priorities without addressing the systemic causes of food and energy insecurity and health inequalities. Most of us can see how the right to a clean, healthy and sustainable environment is an essential tool for doing that and transforming how we do business. It’s a shame that the government has opted for expediency over rights and justice.”

Charlie McMillan, director of the Human Rights Consortium Scotland, said: “A healthy environment is fundamental to the enjoyment of human rights. We are deeply disappointed by this decision and urge the Scottish government to reconsider. Excluding this right overlooks the connections between environmental harm, poverty and inequality.

“People across Scotland need a framework that recognises these connections and supports meaningful accountability. The government should listen to civil society, honour its commitment and restore the right to a clean, healthy and sustainable environment to the bill.”

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