PRELIMINARY UN report findings suggest Scotland’s legal system is breaching international law by making environmental and human rights cases prohibitively expensive.

The draft decision from the UNECE Aarhus convention compliance committee confirms a lack of progress in meeting the convention’s requirements, which guarantees everyone the right to go to court to defend the environment.

Scotland’s legal system has repeatedly been found in breach because of the high cost of taking legal action, with judicial reviews often running into the hundreds of thousands of pounds.

The decision, expected to be finalised this month, follows the Scottish government’s commitment to introduce legally enforceable human rights laws, including the right to a healthy and safe environment.

Environmental Rights Centre for Scotland advocacy officer Emilia Hanna said: “Every person in Scotland should enjoy the right to stand up for the environment in a court of law, but the huge costs of challenging poor environmental decisions mean that access to the courts is simply not an option for most people. 

“Covid-19 has reminded us of how important it is for everyone in Scotland to live in a safe and healthy environment, but there can be no justice for people or the environment without accountability.”

The committee also noted concerns raised about barriers to accessing legal aid, with campaigners calling for urgent reforms to let individuals and groups go to court without incurring huge legal fees. 

Friends of the Earth Scotland head of campaigns Mary Church said: “As we face the unprecedented challenges of the climate and nature emergencies, it’s more important than ever that people act to protect the environment including going to court where necessary, and they should not have to face impossible costs in doing so.”