SCELG contributes to Scottish environmental governance discussions related to Brexit
December 2018, SCELG has been involved in various processes analysing risks and identifying ways forward for Scotland’s environmental governance and environmental rights in the context of post-Brexit scenarios.
Human Rights Leadership in Scotland
On 10th December 2018, SCELG Co-Director Prof Elisa Morgera presented, together with the other members of the Advisory Group on Human Rights Leadership, recommendations for a new human rights framework post-Brexit to Scottish First Minister Nicola Sturgeon. The Group recommended adopting a new Human Rights Act of the Scottish Parliament, including the right to a healthy environment as:
- the right of everyone to benefit from healthy ecosystems which sustain human well-being as well as the rights of access to information, participation in decision-making and access to justice.
The content of this right will be outlined within a schedule in the Act with reference to international standards, such as the Framework Principles on Human Rights and Environment developed by the UN Special Rapporteur on Human Rights and the Environment, and the Aarhus Convention.
The recommendations also call for new remedies in Scots law “to provide for an outcome to be achieved rather than a process to be followed”, a “sunrise clause” to move beyond a due regard obligation to ensure compliance with human rights, and extensive action on capacity building on human rights for various public authorities.