Japan Press Weekly

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2024 July 3 - 9 [SOCIAL ISSUES]

Supreme court rules forced sterilization unconstitutional, ordering gov’t to compensate victims

The Supreme Cout on July 3 issued a ruling in favor of plaintiffs claiming that forced sterilization conducted under the former Eugenic Protection Law is unconstitutional, and ordered the government to pay compensation to the victims of forced sterilization.

In the ruling, the top court’s Grand Bentch recognized that the law (1948-1996) which allowed the forcible sterilization of people with disabilities and certain designated diseases violates Article 13 (respect for individual dignity) and Article 14 (equality under the law) of the Constitution.

The top court ruling also recognized that the 20-year statute of limitations on seeking compensation for damages should not be applied in forced sterilization cases, and ordered that the government pay compensation for damages over coerced sterilization.

At a rally held after the ruling, the plaintiffs and their lawyers welcomed the top court decision and demanded that the government make an official apology without delay.

Later in the day, Japanese Communist Party member of the House of Representatives Takahashi Chizuko, who is in charge of the JCP committee on the rights of disabled persons, issued a statement.

The statement points out that the Diet and the government are responsible for the worst human rights violation in postwar Japan which was brought about by the eugenics-based discriminatory law. It states that taking the top court ruling seriously, the Diet and the government should issue an official apology immediately and fulfill their responsibility to recover the victims’ dignity, provide sufficient compensation to the victims, eliminate discrimination based on eugenics, and tackle other issues related to the former Eugenic Protection Law.

The statement admits that the JCP’s support for the law revision in 1952 aimed at expanding the scope of application of the law was a huge mistake and expresses its sincere apology for the mistake. It states that the JCP will take the top court judgement seriously and work faithfully to resolve the former Eugenic Protection Law-related issues.

Past related articles:
> JCP Takahashi: Time limit for claiming lump-sum payment in compensation for forced eugenic sterilization should be extended [May 12, 2023]
> Forced sterilization victims win court battle for state compensation [February 23, 2022]