hibakusha

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A-bomb survivors win victory in lawsuit demanding certification of their ill health as A-bomb related

Forty-one atomic bomb survivors (Hibakusha) of Hiroshima have won in their lawsuit calling on the government to certify their illnesses as caused by atomic bomb radiation, qualifying them to receive health benefits.

On August 4, two days ahead of the 61st anniversary of the atomic bombing of Hiroshima, the Hiroshima District Court ruled that all 41 plaintiffs were affected by atomic bomb radiation. The ruling in support of Hibakusha's claim certification is the second after an Osaka ruling in May.

The plaintiffs are aged between 62 and 94, and 39 of them were in areas 0.5 km to 4.1 km away from ground zero when the bomb exploded. The other two were exposed to radiation when they entered Hiroshima after the bombing. They have cancers, cataracts, and other diseases.

But the government refused to certify that their illnesses have been caused by atomic bomb radiation, prompting them to go to court demanding that the government withdraw the rejection and pay each three million yen in compensation.

In the ruling, the presiding judge pointed out that the Health Ministry's way of judging eligibility for benefits for Hibakusha with illnesses is "limited and weak" and that external and internal radiation from residual radiation needs to be fully examined. He said that Hibakusha's brain tumor, broken bones, and pancreatitis should be recognized as atomic bomb diseases. But he turned down the plaintiffs' demand for monetary compensation.

In establishing eligibility for Hibakusha benefits, the ministry currently determines the causal relationship between diseases and radiation doses based on external factors, including the distance between ground zero and the location of Hibakusha at the time of the bombing.

The Hibakusha victory in the Hiroshima lawsuit, in which the number of plaintiffs is the largest among similar lawsuits, will be effective in forcing the government to review and improve the present Hibakusha certification process.

The leader of the plaintiffs' lawyers group, Sasaki Takeya said: "The ruling delivered immediately before August 6 is an important message to the world, calling for the abolition of nuclear weapons and condemning the atrocious nature of nuclear weapons."

Certification of Hibakusha's illnesses as caused by the atomic bombings is a system to certify in accordance with the Hibakusha Aid Law under which diseases and injuries caused by the atomic bombing are recognized as "atomic bomb diseases". There are requirements for certification: that Hibakusha have health problems that require medical attention, that their illnesses or injuries are caused by radiation, or that their healing capacity is being hindered by the effect of radiation.

Since May 2001, the Health Ministry has used the method of estimating the dose of radiation from such factors as how far the Hibakusha were located from ground zero.
- Akahata, August 5, 2006