The Japan Times - Immobilised by heatwave, handicapped man sues Austria in rights court

The forty-something suffers from multiple sclerosis and from Uhthoff's syndrome, which worsens the neurological symptoms of his illness when his body temperature rises.

He filed a lawsuit against Austria at the European Court of Human Rights (EHCR) in 2021 in one of many climate justice cases handled by European courts and potentially one of the most consequential.

Seated in the shade of a tree, Muellner told AFP the latest heatwave rewriting record temperatures across the continent was "really serious" and boosted his resolve.

"The government should do more. It could have done more," he said, adding the lawsuit would benefit other people grappling with similar difficulties.

When the mercury rises, Muellner's life turns upside down.

At 25C, his mobility deteriorates and he can no longer walk, and above 30C he is almost paralysed and must use a power wheelchair.

In patients with multiple sclerosis, which affects the nervous system, "the speed of nerve conduction decreases when it's hot", Muellner said.

"As a result, signals no longer reach the muscles and the movements I would like to make no longer happen," the former energy consultant said in his small town in Lower Austria.

He and his wife live in a passive house they have built and which is designed to maintain a temperature of around 20C all year round.

– 'Major issue' –

In his lawsuit, he argued that Austria had not adopted a sufficient legislative framework to limit warming and protect vulnerable people like himself.

He also criticised the Austrian judiciary for offering no remedy.

If the court rules in his favour, he will be the first individual recognised as a direct victim of the consequences of climate change, said his lawyer Michaela Kroemer.

She added this would pave the way for other lawsuits in the 46 countries under the ECHR's jurisdiction.

The verdict "may also have implications for the climate policy of the European Union, of which Austria is a member", Kroemer said.

"This is a major issue for the court," said Kroemer.

She added this was probably why the court is taking time, especially as it already issued an explosive ruling against Switzerland two years ago.

The Alpine country became the first state the ECHR condemned for violating human rights through climate inaction, following a complaint by the Senior Women for Climate Protection group.

The court, however, refused to recognise the four individual applicants as victims.

Muellner wants to go further and make the court recognise his right, as an individual, to hold his country accountable for doing "too little".

He said he wanted to keep his address secret to avoid potential hostile reactions like those targeting the Senior Women for Climate Protection.

Statistics published in France on Friday showed the number of deaths jumped by 30 percent during the week of June 22, the peak of the heatwave in the country.

Muellner said that now it was "too hot for everyone", not just him and other ill people.

The only path forward is "to bring global warming under control", he said.

"I don't want the Austrian government to instal air conditioning in my home... I want a solution that preserves the world, that will maintain the planet as a livable place for humanity."

M.Fujitav--JT