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Access to a remedy Austria Emissions reductions European Convention on Human Rights European Court of Human Rights Fair trial Paris Agreement Private and family life Right to life Victim status Vulnerability

Unknown v. Austria

Summary:
On 25 March 2021, a yet-uncommunicated application was filed before the European Court of Human Rights concerning the impact of climate change (specifically, temperature increases) on an applicant suffering from temperature-sensitive multiple sclerosis and Uhthoff’s syndrome. The applicant alleges a violation of his rights under Article 8 ECHR by the failure by the Austrian government to set effective greenhouse gas emissions reduction measures.

The applicant alleged in particular that, at temperatures above 25 degrees Celsius, he is no longer able to walk, and that above 30 degrees Celsius, he loses complete control over his muscular movement. The applicant alleged that, by failing to sufficiently reduce its emissions to meet the goals set out in the Paris Agreement, the respondent State had not only made it impossible to meet the 1,5 degree Celsius warming target set out therein, but had even actively taken measures to exacerbate the climate crisis, including through subsidies and incentives. The applicant also alleged that the domestic State’s legal system systemically impeded him from challenging the climate policies at stake, and the government’s inaction in this regard.

He invoked the right to respect for private and family life in Article 8 ECHR, and subsidiarily the right to life in Article 2 ECHR, as well as the rights to access to a remedy and fair trial in Articles 13 and 6 ECHR.

Date:
pending

Adjudicating Body:
European Court of Human Rights

Status of case:
pending

Admissibility:
pending

Merits:
pending

Remedies:
pending

Separate opinions:
pending

Implementation measures taken:
N/A

Suggested case citation:
European Court of Human Rights, Unknown v. Austria, application filed on 25 March 2021

Keywords:
global warming, vulnerability, multiple sclerosis, European Court of Human Rights, health impacts, vulnerability, disability

Links:
Text of the applicant to the Court: https://www.michaelakroemer.com/wp-content/uploads/2021/04/rechtsanwaeltin-michaela-kroemer-klimaklage-petition.pdf

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