Justice - Compensation for forced sterilization victims in Japan
Japan's Supreme Court has declared an previously invalid eugenics sterilization law, under which thousands of people were forcibly made infertile, as unconstitutional. The court also granted compensation to a group of plaintiffs who underwent the sterilization procedure decades ago, reported Japanese news agency Kyodo. The plaintiffs' claims did not fall under a statute of limitations, as the law was unconstitutional, according to the court. It is not tolerable for the state to assert such a statute of limitations in this case.
This ruling is significant as it may impact ongoing and future lawsuits related to the so-called Eugenic Protection Law in Japan. The law was in effect from 1948 to 1996. It primarily targeted people with intellectual disabilities or impairments as well as hereditary diseases. Officially, approximately 25,000 people were sterilized under the law, with at least 16,000 of them without their consent.
The highest court in the country reportedly declared the law unconstitutional for the first time. The plaintiffs had previously filed lawsuits at five different district courts, including in Sapporo, Sendai, Tokyo, Osaka, and Kobe. The central issue was whether a 20-year statute of limitations could be applied, as four of the other courts had already granted the plaintiffs' claims. However, the Sendai court ruled in favor of a statute of limitations.
In April 2019, a law came into effect that provided state compensation of 3.2 million Yen (approximately 18,400 Euro) to the victims of forced sterilization. However, there was significant criticism regarding a uniform sum.
This landmark decision by Japan's Supreme Court to declare the eugenics sterilization law unconstitutional has sparked discussions about potential compensations for other affected individuals in Tokyo and across Japan. In light of these judgments, Japanese justice seeks to right historical wrongs committed under the unconstitutional law. Kyodo News reported that this is the first time the highest court in the country has made such a declaration, affecting thousands who were forcibly sterilized under the law, many without their consent.
