UN Human Rights Council Universal Periodic Review - fourth cycle recommendations: Scottish Government response

9. Human Rights and the Environment

A) Right to a Healthy Environment

Recommendation(s) and Responses

Relevant section(s) of the October 2022 UPR Position Statement

• 1(A) – Scotland’s Human Rights Bill

Recent Progress and Next Steps

The Scottish Government has developed proposals for the recognition and inclusion of the human right to a healthy environment in Scots Law, as part of a planned Human Rights Bill. The Scottish Government’s proposals for the right to a healthy environment are still in development, and there will be careful consideration of the results of the Bill’s consultation^[182] on the proposals, which opened in June 2023 and closed in October.

The Scottish Government has also published its Report into the Effectiveness of Governance Arrangements^[183] and launched a consultation to consider views on the report. Section 41^[184] of the UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021 requires the report to consider:

• whether there continues to be effective and appropriate governance relating to the environment following the withdrawal of the United Kingdom from the EU,
• whether access to justice on environmental matters is effective and sufficient, and
• whether the establishment of an environmental court could enhance the governance arrangements.

Unlike the other rights to be included in the Human Rights Bill, the right to a healthy environment is not enshrined in an international treaty. However, the right has a strong underpinning international framework including the UN Framework Principles on Human Rights and the Environment^[185], the Aarhus Convention^[186], and via regional human rights treaties. We will be guided by these standards in the development of the right and have set out in the consultation the substantive and procedural aspects we think the right should include.

Introducing the right to a healthy environment will help promote a human rights culture in public service delivery in Scotland. It will help to demonstrate our understanding that living in a healthy environment is essential to upholding our human rights. For the first time, those delivering public services will have to actively consider the right to a healthy environment when making decisions and, in time, ensure they are making that right real for people.

Relevant National Outcomes

• We value, enjoy, protect and enhance our environment.
• We respect, protect and fulfil human rights and live free from discrimination.

Relevant Sustainable Development Goals

• 3 - Ensure healthy lives and promote well-being for all at all ages.
• 13 - Take urgent action to combat climate change and its impacts.
• 16 - Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels.

B) Net Zero

Recommendation(s) and Responses

Relevant section(s) of the Scottish Government’s October 2022 UPR Position Statement

• 9(A) – Net Zero and Just Transition

Recent Progress and Next Steps

The Scottish Government is committed to playing its’ part in delivering the aims of international climate treaties, including the 2015 UN Paris Agreement. In direct response to the Paris Agreement, Scotland increased the ambition of its’ domestic climate change targets under the Climate Change (Scotland) Act 2009, setting in law a target to reach net zero emissions of all greenhouse gases (“GHG”) by 2045. To ensure achievement of this target, interim and annual targets are set for every year until net zero, including an ambitious 75% interim reduction target by 2030 which goes beyond the level of the UK Nationally Determined Contribution.

GHG statistics published in June 2023 show Scotland is already halfway to net zero.

In December 2022, the Scottish Government received the latest progress report from its’ independent statutory advisers, the UK Climate Change Committee (“CCC”)ⁱ, on progress reducing GHG emissions. This recognises Scotland’s “extraordinary ambition” to decarbonise the economy over the next decade, and welcomes the focus on a fair and just transition. However, the CCC is also clear on the scale of the changes needed to achieve emissions reduction targets to 2030.

In addition, the Scottish Government is implementing the policies and proposals to reduce emissions in the updated Climate Change Plan^[187], finalised in March 2021, and publishes annual monitoring reports on progress. The latest report was published in May 2023^[188].

The most recent Programme for Government^[189] (September 2023) sets out the Scottish Government’s priorities for tackling climate change. This includes setting out how we will continue to drive down emissions in a new Climate Change Plan, with bold action across transport, heat, our natural environment, and other areas, demonstrating how our ambition will be realised while maximising opportunities for the economy, job creation, and health.

Statutory interim and net zero emissions reduction targets include:

• By 2030 – 75% reduction on baseline (1990/95) GHG emission levels
• By 2040 – 90% reduction on baseline GHG emission levels
• By 2045 – Net zero GHG emissions

To help ensure delivery of long-term emissions reduction targets, Scotland’s climate change framework also includes annual targets for every year to net zero^[190].

Relevant National Outcomes

• We value, enjoy, protect and enhance our environment.
• We respect, protect and fulfil human rights and live free from discrimination.

Relevant Sustainable Development Goals

• 3 - Ensure healthy lives and promote well-being for all at all ages.
• 13 - Take urgent action to combat climate change and its impacts.
• 16 - Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels.

C) International Climate Change

Recommendation(s) and Responses

Relevant section(s) of the Scottish Government’s October 2022 UPR Position Statement

• 9(B) – International Climate Change

Recent Progress and Next Steps

In relation to accelerating action to achieve net zero emissions no later than 2050 (part of recommendations 219 and 224), the Scottish Government is committed to playing its’ part in delivering the aims of international climate treaties, including the 2015 UN Paris Agreement. In direct response to the Paris Agreement, Scotland increased the ambition of its’ domestic climate change targets under the Climate Change (Scotland) Act 2009, setting in law a target to reach net zero emissions of all greenhouse gases (GHG) by 2045.

In relation to recommendations 219 and 224, the Scottish Government signed the Declaration on Children, Youth and Climate Action in November 2021 during COP26.

GHG statistics published in June 2023 show Scotland is already halfway to net zero.

The most recent Programme for Government^[191] (September 2023) sets out the Scottish Government’s priorities for tackling climate change. This includes setting out how we will continue to drive down emissions in a new Climate Change Plan, with bold action across transport, heat, our natural environment, and other areas, demonstrating how our ambition will be realised while maximising opportunities for the economy, job creation, and health.

Relevant National Outcomes

• We value, enjoy, protect and enhance our environment.
• We respect, protect and fulfil human rights and live free from discrimination.

Relevant Sustainable Development Goals

• 3 - Ensure healthy lives and promote well-being for all at all ages.
• 13 - Take urgent action to combat climate change and its impacts.
• 16 - Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels.