In a significant ruling, Japan’s Supreme Court has mandated the government to compensate individuals who were subjected to forced sterilization under the now-defunct Eugenic Protection Law. The court deemed the practice unconstitutional and a violation of human rights.
The Eugenic Protection Law, enforced from 1948 to 1996, permitted authorities to forcibly sterilize individuals with disabilities, mental disorders, hereditary diseases, physical deformities, and leprosy. It also sanctioned forced abortions if parents had these conditions.
About 25,000 people were sterilized without consent during this period, as per the court ruling. While the government had initially offered 3.2 million yen (approximately $19,800) per victim in 2019, victims and advocates argued for higher compensation, leading to legal battles.
On Wednesday, the Supreme Court addressed five lawsuits filed by plaintiffs nationwide. In four cases, lower courts ruled in favor of the plaintiffs, with the Supreme Court upholding these decisions. The government was ordered to pay 16.5 million yen (around $102,000) to the plaintiffs and 2.2 million yen ($13,000) to their spouses. In the fifth case, where the lower court had dismissed the plaintiffs' claims citing a statute of limitations, the Supreme Court overturned this decision, deeming the statute unacceptable.
Chief Cabinet Secretary Yoshimasa Hayashi expressed the government's remorse and apology to the victims in a press conference following the ruling. The government pledged prompt compensation payments and is considering additional measures, including a meeting between the plaintiffs and Prime Minister Fumio Kishida.
The judgment highlighted the grave impact of the Eugenic Protection Law on individual dignity and constitutional rights. The plaintiffs, many elderly and in wheelchairs, celebrated outside the court with banners reading “victory.” These cases underscore the urgency as some victims have passed away while seeking justice.
