Compensation for Emotional Damage for Brothers and Sisters

The cabinet wants brothers and sisters of victims who have died or suffered serious and permanent injury due to anothers actions to also have the right to compensation for emotional damage. The Council of Ministers has decided to put a bill for consultation. This also introduces compensation for emotional damage in Caribbean Netherlands. Additionally, fixed compensation amounts for emotional damage will be increased.

Compensation for Emotional Damage

Compensation for emotional damage is a form of damages for close relatives related to the grief they experience when a loved one dies or suffers serious and permanent injury. Currently, partners, parents, and children of victims can receive this compensation. According to the cabinet, this should also be possible for brothers and sisters.

State Secretary Rutte of Justice and Security: “In previous cases, we have seen that the inability to compensate brothers and sisters for emotional damage can be experienced as very painful and unjust. This bill strengthens the position of brothers and sisters as survivors; a great wish of both the House of Representatives and the cabinet. I am pleased that the bill can now go into consultation.”

WODC Research

Last year, the WODC concluded after a comprehensive evaluation of the law that it works well: the law recognizes close relatives and survivors of victims. This research also highlighted the issue concerning brothers and sisters. The proposed amendment aims to recognize the suffering of this group of close relatives of victims. The House of Representatives has repeatedly called attention to the position of brothers and sisters regarding emotional damage. Granting compensation for emotional damage to brothers and sisters and enabling compensation on the BES islands is part of the coalition agreement.

Consultation

The regulations will go into consultation on November 24. After the consultation period, they will be sent to the Council of State. Then the bill will proceed to the House of Representatives and the Senate. The regulations will come into effect simultaneously.