03/02/2022 Empathy from the Court is not enough when the State refuses to recognise institutional failures. In an op-ed in Trouw, Niké Wentholt and Nicole Immler analyse missed opportunities in ruling on Birthmothers v The State. Comparing the ruling in the case of the Birthmothers (Afstandmoeders) with other cases such as Foundation Japanese Honour Debts, the authors ask whether the Judge may underestimate their role in addressing cases of historic injustice. By pointing to the prevailing norms of the time and passing the ball back to the State, the Court absolves itself of the task of finding judicial answers to not only past, but ongoing wrongdoings.
Link to the article in Trouw: ‘De rechter liet afstandsmoeders in de kou staan. En wat doet de overheid?’