Europe's latest heat wave has drawn attention to a unique lawsuit by an Austrian man against his government. AFP explains that Mex Muellner is testing whether climate inaction can count as a human rights violation. Muellner, who is in his 40s, has multiple sclerosis and Uhthoff's syndrome, a condition in which neurological symptoms worsen as body temperature rises. He filed suit against Austria in 2021 at the European Court of Human Rights, asserting that his government isn't doing enough to curb warming and protect vulnerable people. The case is still pending.
His lawyer says a win could make Muellner the first person recognized by the Strasbourg court as a direct victim of climate change, potentially opening the door to similar cases across the 46 member states and influencing European Union climate policy. In Muellner's case, once temperatures hit the upper 70s, he says his mobility collapses. Above the mid-80s, he's almost fully immobilized and reliant on a power wheelchair. The court has already faulted Switzerland over climate inaction in a case brought by an older women's group (KlimaSeniorinnen), but it declined to recognize individual victims—something Muellner is determined to change.
A post at Verfassungsblog, which specializes in public law, assesses the case and its implications:
- It's "more than just a sequel to KlimaSeniorinnen," writes Stephanie Caligara. "It has the potential to become a pivotal case for the Court's developing climate jurisprudence, particularly as regards individual victim status. ... At stake is not only the outcome of one important case, but also the credibility of the Court's emerging climate jurisprudence at a moment when legal ambition is increasingly tested by political and institutional hesitation."
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