[HN Gopher] A woman's battle to prove she isn't dead
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       A woman's battle to prove she isn't dead
        
       Author : edward
       Score  : 57 points
       Date   : 2021-07-03 13:30 UTC (9 hours ago)
        
 (HTM) web link (www.theguardian.com)
 (TXT) w3m dump (www.theguardian.com)
        
       | hanche wrote:
       | This is apparently a common problem in India. There is even an
       | "Association of dead people".
       | 
       | https://www.improbable.com/2020/12/09/update-on-film-about-f...
       | 
       | Update: That is actually mentioned in the article. I had only
       | skimmed it, and missed that somehow. Oops.
        
       | FpUser wrote:
       | I think she should be right to apply to European Human Rights (or
       | whatever it is called) court. May be this will shame those
       | pathetic scumbags enough.
        
         | skissane wrote:
         | The European Court of Human Rights can take years to reach a
         | decision. It has a case backlog of over 60,000 cases. It has
         | only 47 judges. That's over 1000 pending cases per a judge.
        
       | xaedes wrote:
       | This reminds me of "The Machine Fired Me - No human could do a
       | thing about it!" [1], where a guy got fired by some bug in the
       | system and no one could stop or reverse it. It was posted on HN
       | [2] three years agos.
       | 
       | [1] https://idiallo.com/blog/when-a-machine-fired-me
       | 
       | [2] https://news.ycombinator.com/item?id=17350645
        
       | FpUser wrote:
       | Stories like this make my blood boil. How fucked up the system
       | must be to allow such abuse. But of course they're human loving
       | democracy. Bureaucrats who could fix it in a minute but instead
       | prefer the person being tortured would definitely benefit
       | spending some time in Gulag.
       | 
       | And the cherry on top. I di not know that free person in France
       | can not legally move without Ausweis. Nice.
        
         | Aerroon wrote:
         | It makes my blood boil too. I think this is one of those cases
         | in life where you have to make as much noise as possible. When
         | people feel uncomfortable enough they'll be more likely to
         | resolve your situation so that you stop shouting at them.
        
           | javajosh wrote:
           | Noise is good, but it means you have to have a great filter,
           | because trolls exist and will enjoy torturing this woman and
           | her supporters with malicious statements. It's not a matter
           | of if, but when, this happens.
           | 
           | In fact, there's a type of trolling that's become endemic in
           | the US which allows that you are responsible for your
           | situation, and if your situation is good you must deserve it
           | (prosperity gospel), and if it's bad, you must deserve it too
           | (prosperity gospel's evil twin).
           | 
           | But the noise will attract the trolls as well as supporters,
           | and she's got to be prepared for it. And it sounds like she's
           | not psychologically well (as one would expect) so its a
           | serious downside to making noise.
        
         | ElViajero wrote:
         | > Bureaucrats who could fix it in a minute
         | 
         | That is not how this works. Bureaucrats needs to legally be
         | instructed to change the register, "I saw something yesterday
         | on TV and I am going to change official records" would be the
         | worse bureaucracy ever. A bureaucrat that did such a change
         | would end out of a job and maybe in prison for a good reason.
         | 
         | > How fucked up the system must be to allow such abuse.
         | 
         | The "system" works for millions of people. One weird case and
         | you want to throw away the complete system. Google or Facebook
         | close accounts randomly, meanwhile the state is able to keep
         | proper records for a century with minimum mistakes. Yes, it is
         | bad for this woman. Yes, they need to fix her case. No, it is
         | not a reason to throw away a system that works.
         | 
         | > France
         | 
         | From the article, this also happened in Ohio. "In 2013, an Ohio
         | judge ruled that Donald E Miller Jr would have to stay legally
         | deceased, even though Miller was sitting in the courtroom to
         | hear his fate, perfectly healthy. He had been declared dead in
         | 1994 after having disappeared in 1986, owing thousands of
         | dollars in unpaid child support. His ex-wife had requested
         | Miller be declared dead so she would eligible for social
         | security benefits. When Miller returned - he had been working
         | out of state - he was told that Ohio cannot reverse death
         | certificates after more than three years."
         | 
         | > I did not know that free person in France can not legally
         | move without Ausweis.
         | 
         | Not in France nor in the USA. Try to move around the USA
         | without a birth certificate and you are going to find how many
         | problems you have to access properties and a job. Even in the
         | Roman Empire you needed a birth certificate to prove ownership
         | of land.
        
           | FpUser wrote:
           | >"Blah blah blah. One weird case and you want to throw away
           | the complete system.
           | 
           | Who said anything about "throwing away a system". Just fix
           | the fucking particular case. I am pretty sure if shit like
           | this happened to their president it would've been handled in
           | a minute. Taking away her rights was illegal in a first place
           | anyways.
           | 
           | >"Not in France nor in the USA. Try to move around the USA
           | without a birth certificate"
           | 
           | Under "move" I meant just simply walking on a street without
           | ID. Not things like buying a house. If one can be charged for
           | simply walking on a street without ID the country is fucked.
        
       | bellyfullofbac wrote:
       | Assuming dead people can't be charged for crimes, I wonder if she
       | can just start threatening to shoot politicians/judges in the
       | head and tell them "Go ahead and file a police complaint, at
       | least you'll resurrect me if you want to charge me."...
        
         | TheFreim wrote:
         | They could just charge her as Jane Doe
        
         | krapp wrote:
         | No. Being "declared dead" doesn't mean the state is required to
         | pretend you're _actually_ dead, rather it means you 're "dead"
         | as a _legal_ entity as far as the bureaucracy is concerned -
         | your assets will be distributed as necessary, you can 't have a
         | drivers' license, passport, can't vote, etc. If you commit a
         | crime while declared dead, obviously you'll just be arrested
         | and tried like anyone else.
        
           | LanceH wrote:
           | So long as you get a life sentence, it's all good.
        
           | nkssy wrote:
           | Who will be charged? A legally dead person. Nice. That will
           | be fun to write up. But they will. Because they're idiots.
        
             | krapp wrote:
             | They would be idiots not to. Otherwise, getting some
             | crooked doctor or administrator to declare you dead would
             | mean you could never be charged with a crime.
        
             | javajosh wrote:
             | Of course they will. When legal details becomes an obstacle
             | for what the state wants, the details are brushed aside as
             | unimportant with an appeal to "common sense". When those
             | same details are an obstacle to what an individual wants,
             | we're sorry, it's not our fault, that's just what the law
             | requires and we _must_ follow the law, even if we don 't
             | want to. And if you have a complaint, there's a process for
             | that. It may take a great deal of effort on your part, and
             | years of waiting, but again, that's just the process and
             | there's nothing to be done.
        
               | nkssy wrote:
               | Of course they will because they have a crime and there's
               | someone in front of them to pin it on. Thats the hot
               | potato approach that most legal systems rely on. The
               | follow up is to determine whether the person they have is
               | the right one. Even if they have to drag it out for
               | years. Which in some cases they do.
        
       | ezoe wrote:
       | Keeping it legally dead is absurd. What if she commit a crime?
       | 
       | "Your honor. She has alibi. She was dead when it happened."
        
       | mikem170 wrote:
       | This is a big problem with large bureaucracies. They can be
       | inhumane. It's not good that we are forced more and more as
       | individuals to be subservient to them.
        
       | hoppyhoppy2 wrote:
       | Reminds me of the plot of the 1985 film "Brazil":
       | 
       | >In a dystopian, polluted, over-consumerist, hyper-bureaucratic
       | totalitarian future somewhere in the 20th century, Sam Lowry is a
       | low-level government employee who frequently dreams of himself as
       | a winged warrior saving a damsel in distress. One day, shortly
       | before Christmas, a fly becomes jammed in a teleprinter,
       | misprinting a copy of an arrest warrant it was receiving
       | resulting in the arrest and accidental death during interrogation
       | of cobbler Archibald Buttle instead of renegade heating engineer
       | and suspected terrorist Archibald Tuttle.
       | 
       | https://en.wikipedia.org/wiki/Brazil_(1985_film)#Plot
        
       | zzzpaz wrote:
       | Reminds me of The Late Mattia Pascal romance
        
       | nkssy wrote:
       | Surely this is a human rights violation? And there is fraud
       | involved. Identify theft. Theft of assets. Likely corruption as
       | well. False imprisonment. Harassment. The list goes on.
       | 
       | So does the administrative incompetance of both the government
       | and legal systems.
       | 
       | The threat about driving is hilarious. So she drives, gets caught
       | driving or speeding. Who are they then going to charge? Whatever
       | answer you come up with, the response will be: But she's dead.
       | Now what? They'll have to charge her. Won't that be hilarious:
       | charging a dead person. For driving. Take that to court.
       | 
       | The seizure of assets thing. Linking the car as her asset has to
       | be incompetant policing. The deceased estate has to close off
       | sometime. So add that to the list as well.
       | 
       | In reality they know she's alive and they just don't want to fix
       | it because they simply don't want to. The case where her identity
       | was deemed dead just has to be overturned - the fact they won't
       | implies they don't want to. Just because. More corruption.
       | 
       | What a mess.
        
         | drdeadringer wrote:
         | > The threat about driving is hilarious. So she drives, gets
         | caught driving or speeding. Who are they then going to charge?
         | Whatever answer you come up with, the response will be: But
         | she's dead. Now what? They'll have to charge her. Won't that be
         | hilarious: charging a dead person. For driving. Take that to
         | court.
         | 
         | Say this happens in America.
         | 
         | The defendant files for habeas corpus.
         | 
         | "Here I am, Your Honor, filing for my own body to be produced
         | for trial. Shall I leave and walk back in or will it suffice
         | for your bailiff to say that I am in fact standing in front of
         | you making this motion? Thank you."
        
           | nkssy wrote:
           | Yet this likely wouldn't help. This is how messed up the
           | whole thing can get.
           | 
           | From the article: In 2013, an Ohio judge ruled that Donald E
           | Miller Jr would have to stay legally deceased, even though
           | Miller was sitting in the courtroom to hear his fate,
           | perfectly healthy. He had been declared dead in 1994.
        
       | norvvryo wrote:
       | This reminds me of the "I Will Kill You & Birth You" DEFCON
       | presentation by Chris Rock.
       | 
       | https://www.youtube.com/watch?v=9FdHq3WfJgs
        
       | joombaga wrote:
       | "she can only have a Covid vaccination if she joins the waiting
       | list as a homeless person."
       | 
       | ...
       | 
       | "she has finally been able to get her first Covid vaccination,
       | although she had to pay EUR150 for it"
       | 
       | Do the homeless have to pay for covid vaccination in France?
        
         | NoPie wrote:
         | It seems strange. The most expensive vaccine is Pfizer and it
         | costs about 30 euros. A doctor administering vaccine could
         | charge maybe another EUR30. Of course, you could find a private
         | clinic or something which charges EUR150 but then why mention
         | waiting list for homeless?
         | 
         | I believe that people can get mistakenly declared dead and
         | depending on how corrupted the legal system is, it may be
         | almost impossible to reverse the decision. I wouldn't expect
         | this in France however. Maybe, a year or two to resolve if the
         | bureaucracy is moving slowly. There is something that is
         | missing in this article. I can buy that the court had a
         | gullible judge or something but what about other institutions
         | that award social security or medical care? Wouldn't they need
         | a death certificate? And if they had made a mistake wouldn't
         | they try to correct it?
         | 
         | In Latvia there is central register of all persons. Some people
         | immigrate to other countries and then die there and the
         | register never gets updated, therefore according to this
         | register we have a lot of people over 100 years old. You could
         | go to the court to make a case that a certain person has
         | disappeared for really long time, so he must be dead by now. I
         | have never heard about such cases being reversed but
         | theoretically someone still could return from abroad alive. I
         | don't think that the state would refuse to correct their
         | mistake unless it was a question of national security or a lot
         | of money was involved.
        
         | lstamour wrote:
         | No, she likely found another option to acquire the vaccine.
        
       | pcrh wrote:
       | This seems to be a clear case of fraud by whoever had her
       | declared dead. As well as earlier incompetence by whoever handled
       | the transfer of Mme H's employment records.
       | 
       | Further, Article 6 of the Universal Declaration of Human Rights
       | states: "Everyone has the right to recognition everywhere as a
       | person before the law."
       | 
       | She needs a better lawyer....
        
         | sascha_sl wrote:
         | If your existence is an edge case no lawyer can help you. As
         | the article said, even the justice minister of France is aware
         | of the issue, yet not willing to act on it.
         | 
         | A much less severe version of this is changing your first name
         | (or, indeed, gender marker). Systems are only now gaining the
         | ability to even change some of these records, but often it is
         | up to the people with limited access to these systems to "work
         | around" them. Whenever possible I didn't even ask to change my
         | name, just close one account and make another. Including with a
         | bank that actually suggested I do this.
        
           | pacman2 wrote:
           | This article sounds like bullshit and I am sure I could
           | handle this without a lawyer in "administrative court". I
           | filed 4 law suits in administrative courts in my country and
           | won them all. I used a lawyer only once in another EU country
           | for my girl friend since I did not speak the local language.
           | In hind sight I may have done it myself since my language
           | should have been recognized as a minority language in court
           | in this country. But the lawyer was only 300 Euro.
           | 
           | This is still the west and courts still work. Don't be
           | intimidated.
        
           | pcrh wrote:
           | Why would she not be able to sue for recognition as a living
           | person?
        
             | sascha_sl wrote:
             | She had trouble even getting a lawyer to take her as a
             | client. People that don't exist can probably not file
             | lawsuits either.
        
               | pcrh wrote:
               | >People that don't exist can probably not file lawsuits
               | either.
               | 
               | Haha, very Kafka!
               | 
               | Seriously, though, I find it hard to imagine that this is
               | an _impossible_ case.
        
       | Cyykratahk wrote:
       | I don't understand why the author leaves many words and phrases
       | untranslated. They have translated everything else, but why leave
       | "carte d'identite" or "grande ecole"? Why say "mairie (town
       | hall)" instead of just saying town hall?
       | 
       | These are not loan words that exist in English, and the
       | untranslated words themselves did not seem essential to the
       | story.
       | 
       | I've seen a similar issue with Anime fansubs where the translator
       | deems certain words to be untranslatable, and then adds an entire
       | extra sentence of definition on screen upon the first usage.
        
         | ericd wrote:
         | Maybe because "grande ecole" literally means "big school", but
         | it's essentially a proper noun in French, similar to their
         | version of "Ivy League"?
         | 
         | Not sure why for the others you mention, except that they're
         | very specific concepts in France as well, which don't really
         | have very good analogues in the US.
         | 
         | Or maybe they just like the sound of the French word and want
         | to sound more sophisticated.
        
         | Aerroon wrote:
         | Perhaps these are specific names? I could call the US
         | 'Congress' as 'Parliament', but 'Congress' is probably the
         | better choice.
         | 
         | > _I 've seen a similar issue with Anime fansubs where the
         | translator deems certain words to be untranslatable,_
         | 
         | Yes, as it should be. This is why official translations suck
         | and fansubs are superior works.
        
           | Zababa wrote:
           | > Perhaps these are specific names?
           | 
           | They are. "grande ecole" can be translated to "big school",
           | but in French it means a prestigious school. "carte
           | d'identite" is also a specific document, since you can also
           | prove your identity with your passport or your driver's
           | license. For the "mairie" part, I don't know about the
           | specifics of town halls in the USA so I can't compare. It's
           | probably that they work differently so using the same word
           | would imply the same thing.
           | 
           | > This is why official translations suck and fansubs are
           | superior works.
           | 
           | Don't get me started on half-assed attempts at localization,
           | especially when made by people that can't even understand the
           | original language.
        
         | smnrchrds wrote:
         | > I don't understand why the author leaves many words and
         | phrases untranslated
         | 
         | Because they are effectively proper nouns. You cannot translate
         | them, you can at most explain them. For example, grande ecole
         | has its own page on English Wikipedia and which is called
         | grande ecole, not translated to big school or something else.
         | 
         | https://en.wikipedia.org/wiki/Grande_%C3%A9cole
        
         | mcfedr wrote:
         | Well on English a town hall is just a big space used for events
         | and things, whereas a marie is is clearly more like the local
         | government offices
        
       | MeteorMarc wrote:
       | Reminds me of a story by H. Mulisch in which someone dies lying
       | across the border between jurisdictions. The one jurisdiction
       | serves bodies when the head is in, the other when the larger part
       | of the body is in. The body stayed where it was...
        
         | smnrchrds wrote:
         | That's how the bilingual Canadian film _Bon Cop, Bad Cop_
         | starts. A body is discovered on Quebec-Ontario border. To solve
         | the murder case, an anglophone Ontario cop and a francophone
         | Quebec cop have to team up.
        
           | LinAGKar wrote:
           | And it's also the start of the Swedish-Danish TV series The
           | Bridge. A body is found on the Oresund Bridge between Denmark
           | and Sweden, and a Swedish and Danish cop has to cooperate
           | (with the Swedish one being a woman with Asperger's). Of
           | course in that case, Swedish and Danish are mutually
           | intelligible.
        
       | krakov wrote:
       | And yet it is possible to fix given an agreed-upon validator on
       | being alive /being trustable (the french goverment), assuming she
       | still lives by then.
       | 
       | In our decentralized future[1] this kind of error will be
       | impossible to rectify, as long as someone believes you are dead
       | or just untrustable.
       | 
       | 1. Companies like https://www.identiq.com/ (they are far from
       | only ones)
        
         | racnid wrote:
         | Schemes like that only work if you participate. Even in America
         | we have people that refuse to participate in the birth
         | certificate and social security scheme for better or for
         | (mostly) worse.
        
       | vfclists wrote:
       | The legal system is an inherently corrupt system which deals with
       | human beings as what is called a "legal fiction".
       | 
       | Live humans are seen by the legal system as entities which make
       | the "legal fiction" profitable to interact with.
        
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       (page generated 2021-07-03 23:00 UTC)