The right to compensation

Jean Pierre, a fourteen-year old boy, is walking home from school. He is about to cross the road. So he looks left and looks right, and looks left again (as we all should, right). Having made sure that the road is safe, he gets to the other side. However, no sooner does he get there than a motorcycle loses control and knocks him from the back. Jean falls down and is severely bruised. He ends up at the hospital. According to article 9 of the law relating to the rights and the protection of the child, Jean iis entitled to compensation. The article states in part: “A child who is victim of an accident shall be compensated. In case the accident resulted in death of the child the compensation shall be allocated to his/her family.” There are three categories of compensation under article 9. The compensation, however, also puts into consideration the age of the child. The first category is compensation for moral loss. Moral loss includes emotional damages such as depression, physical damages such as dislocation, temporary pain such as headache or permanent pain such as back problems. Moral loss also includes potential shortening of life and scarring. As you may have noticed, moral loss cannot be quantified because for instance, you cannot measure the amount of self-esteem someone will lose by having a big scar on the forehead. Nonetheless, compensation for moral loss is meant toenable the injured person or party to obtained means, diversion or amusement that will ease the suffering he has undergone or is undergoing. The second type of compensation is compensation for pecuniary loss. By definition, pecuniary loss is a loss that can be precisely calculated in terms of money. For instance, if Jean’s mother pays some money for medical treatment or pays for a taxi to take him there, that money can be measured. There is also compensation for bodily injury and aesthetic damage. If Jean’s arm has to be cut off as a result of the accident or if he loses his eye, or if he has to limp for the rest of his life, then his damage can be categorized as aesthetic. If you’re wondering how compensation for damage is determined, article 9 ends by stating that; “A Presidential Order shall determine the rates and other criteria on which calculation of compensation to be given to a child victim of an accident or to his/her family is based.”

Education

The right to compensation