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An ugly, ugly inequality

Johann Hari

Published 13 January 2003

Observations on compensation

The New York comedienne Joan Rivers recently expressed sympathy with the World Trade Center widows. Not those who have buried their husbands - the ones whose husbands turned up alive. "Can you imagine? You're sitting in your apartment, planning what you're gonna do with your one and a half million bucks, and he walks through the door and cries: 'Honey! I'm home!' Those poor women!"

The only trouble with her scenario is that not every widow could count on a cool one and a half million. Although the US government claims that all 9/11 victims' suffering is equal, some are, it turns out, more equal than others. The families of the firefighters and cleaners who died that day are being offered only a small slice of the money given to the families of stockbrokers and millionaires. Rather than a lump-sum pay-out to each family, compensation is being offered on a pernicious formula: "presumptive amount" (an estimate of what the victim would have earned in his/her lifetime) minus "collateral offset" (the amount the family has already received from life insurance and so on). The result is that 80 per cent of the pay-outs could go to just 15 per cent of the families. In a nation with the most unequal distribution of wealth in the developed world, this has attracted little dissent.

In a rare act of public complaint, Professor Peter H Shuck, a Yale University expert on tort and remedies for wrongs by governments, told the New York Times: "It's impossible to justify this money in terms of a defined system of justice. We should not be saying that a death caused by one terrorist is worth more than a death caused by another, or that a death caused by a terrorist is worth more than a death caused by a drunk driver."

Victims of other atrocities have argued that they, too, should be compensated. Kathleen Treanor, whose daughter died in the Oklahoma bombing in 1995, has launched a campaign for a similar compensation programme. She explains: "The 14th Amendment guarantees equal protection under the law. This is not equal. They told me my daughter was not worth as much as a New York victim, and that's an ugly, ugly thing to say."

Some will see this as another sign of US litigiousness gone mad; others may wonder if the victims of US-sponsored state terrorism across the world will ever receive any cash from the US government.

Johann Hari is a columnist for the Independent

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