Article 9 of the Aarhus Convention, which the UK ratified in 2005, requires that access to review procedure over environmental matters should be fair, equitable, timely, and not prohibitively expensive.

New draft findings by the convention’s compliance committee suggest that the high cost of taking legal action in Scotland may amount to a breach of the international convention.

The committee noted, however, that the convention article relating to the cost of access to justice is vague and called for reforms to be made.

The draft findings have been welcomed by environmental campaigners in Scotland who have been calling for reforms of Scots law to allow individuals, communities, and charities to go to court to protect the environment without amassing high legal costs.

Friends of the Earth Scotland’s 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.

“Successive Scottish governments have neglected the issue of access to justice for the environment.

“The present government’s pledge to enshrine human rights, including the right to a healthy and safe environment, in Scots law will be meaningless if it is not possible for individuals, communities and NGOs to enforce these rights in court.

She added: “An overhaul of the courts to remove barriers to public interest litigation, and ensure Aarhus Convention-compliant standards of access to justice for the environment, is long overdue. The draft findings from the UN Committee and the introduction of the new human rights framework must be the impetus for doing so urgently.”

Emilia Hanna, advocacy officer for the Environmental Rights Centre for Scotland, said: “We welcome the draft findings of this UN expert body, which highlight that Scotland’s legal system is in breach of environmental and human rights law, and call for urgent action.

“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.”