Human rights litigation is one of the most common types of climate litigation outside the US. These cases typically allege governments violate the human rights of their citizens when failing to adequately address climate change. Often, plaintiffs seek policy reforms to ensure that climate change is mitigated and their rights protected. Austria now faces one such case at the European Court of Human Rights after an Austrian man sued the government over its aviation subsidies, arguing that these were incompatible with climate mitigation strategy. The European Court of Human Rights describes the allegations in a press release stating:
“Relying on Articles 6 (right of access to court), 8 (right to respect for private and family life) and 13 (right to an effective remedy) of the European Convention of Human Rights, Mr Müllner claims that the effects of climate change expose him to a real and serious risk for his physical, psychological and moral integrity. He alleges an overly formalistic approach was taken by the Constitutional Court when deciding on his complaint, which violated his right of access to a court; that Austria has not established an adequate framework to meet its targets to reduce the global rise of temperature, although reaching these targets would significantly improve his overall well-being; and that the national legal system does not have an effective remedy for these complaints. “
The Plaintiff in this case suffers from multiple sclerosis, which he argues is made worse by higher temperatures. The myriad ways that climate change touches the lives of everyday people is something countries are being forced to reckon with in human rights litigation. This case is similar to another recent case brought before the European Court of Human Rights against Switzerland. In that case, a group of senior women argued that Switzerland violated their Article 8 rights by not adequately planning for mitigation and avoidance of climate change. The Court ultimately sided with the women, ruling that Switzerland must manage climate change in order to protect its citizen’s human rights.
How those decisions shake out can affect national carbon management policy and the health and safety of national workforces. This may manifest in political risk affecting operating companies in these jurisdictions so it is important to keep a close eye on such litigation to understand how national policy might be changed by its outcome.
Our members can learn more about climate litigation here.
If you aren’t already subscribed to our complimentary ESG blog, sign up for daily updates here for daily updates delivered right to you.
