#FightForYourHumanRight

• There is no “one” climate lawsuit but they all have in common that they
  are fighting for climate protection with laws.

• The defendant is the State of Austria.
• If a judgement is reached, it serves as a guide for the highest courts of the 47 states that have
  ratified the European Convention on Human Rights. This affects 820 million inhabitants.

• If the petitioner is found to be right that he has been violated in one
  of the articles of the European Convention on Human Rights (ECHR), in our
  case Articles 2, 8 and 13, the ECHR could oblige Austria to create an
  complaint mechanism and to do more to combat the effects of the
  climate crisis on those affected. However, the ECHR cannot repeal laws
  directly.
• Likewise, the judgment would have a signal effect for all 46 countries that
  have ratified the ECHR – for 820 million people.
• In future judgments, courts would use this case as a guidance.

• Multiple sclerosis is a chronic inflammatory disease of the central nervous system. The exact causes are not yet clear. Since the inflammation can affect any nerve of the central nervous system, there are different symptoms, such as impaired vision or walking.

• Researcher M. Wallin and colleagues published a study in the journal Lancet (2019), which concluded that in 2016, 2.2 million people worldwide had MS, 11,000 of them in Austria. They also wrote that by the age of 60, MS affects 2 times as many women as men

• Multiple sclerosis is currently not curable.

• Uhthoff phenomenon occurs in 60-80% of MS patients. The phenomenon is triggered by, for example, hot baths or a hot environment. Even a body temperature increase of ~0.5°C can trigger the symptoms. Symptoms can be e.g. slow reactivity or slackening of the muscles

• Who? Individuals and organizations with expertise relevant to the case (health, climate science, ...)
• When? Application for submission by post to the ECtHR by September 23rd, written submission of the opinion if granted (Date unknown), possible oral hearing in Strasbourg by a few third parties
• What? "Third Party Interventions" are of great significance. By making a "Third Party Intervention," you do not take sides with either party; instead, you provide the court with another potentially decisive perspective through your expertise.
• Material for application?
  Müllner vs Austria - Request for 3rd Party
  Practice Directions for 3rd Party
  Background to Case
• Role models? Third party intervention in the case of the climate seniors v. Switzerland. In April, you won the first ever climate action before the ECtHR

• What all the lawsuits have in common is that they demand the obligation of states to improve climate protection based on the right to life and the right to health.
• The Portuguese Climate Case has several complainants and is directed against 33 countries. It is presented on behalf of young people who are psychologically burdened by the increasing heat and associated forest fires caused by the climate crisis.
• The lawsuit of the Swiss senior citizen also has several complainants, all of whom are older and, like our lawsuit, is addressed to only one country. The question at this case is: Does Switzerland adequately protect the health of its senior citizens?
• In short, the Austrian climate lawsuit is about:
  What opportunities does a state have to offer its citizens to demand more climate protection? Moreover, it is about the state's duties to protect a massively physically affected and young plaintiff (1980).

• Yes! You can do that.
  Simply transfer money to the project account of Respekt.net:
• IBAN: AT 6032 0000 0111 0435 36 and
• BIC: RLNWATWW
• Enter your
  first and last name
  as well as a valid e-mail address
  number or the project: 2218
  or the name of the desired project:
  Europäische Klimaklage #FightForYourHumanRight
• Respekt.net gives a full explanation HERE

We would like to thank Greenpeace Austria, #aufstehn, Oekostrom AG, Windkraft Simonsfeld, Fairtrade and Biohof Adamah for their financial support.
We would also like to thank Klimavolksbegehren, Bundesjugendvertretung, Volkshilfe, SOS Kinderdorf SOS Kinderdorf and many others for their support of our initiative via newsletter and social media. Together with many supporters from all over Austria, our climate lawsuit can be a great success and milestone for future legal cases.

To be able to file the lawsuit, we need a total of 32,250 euros in funding. This will cover the costs of lawyers, experts and the work leading up to the submission of the request.
The individual positions are as following:

• 21,000 EUR (gross) - Legal work (Krömer Law Firm): drafting the legal brief, client support, legal research (case law, scientific documents), exchange with experts
• 4 000 EUR - Legal advice (Ökobüro)
• 2 250 EUR - Crowdfunding at respect.net.
• 2 000 EUR - External legal advice from international experts
• 1 500 EUR - Advice from other experts (science, possible expertise)
• 1 500 EUR - Campaign costs (advertising, video, photos, etc.)