Japan’s Supreme Court Declares Forced Sterilizations Under Eugenics Law Unconstitutional

Japan’s Supreme Court has ruled the eugenics law that led to forced sterilizations unconstitutional and invalidated the statute of limitations on compensation claims, offering renewed hope for justice to thousands of victims.

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Aqsa Younas Rana
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Japan

Japan's Supreme Court declared the forced sterilizations under the eugenics law .

Japan’s Supreme Court ruled on Wednesday that the eugenics law, which led to the forced sterilization of thousands between 1948 and 1996, was unconstitutional. This landmark decision also deemed the 20-year statute of limitations on compensation claims inapplicable, marking a significant victory for the victims who have endured long-standing suffering.

The Japanese government acknowledges that approximately 16,500 people were forcibly sterilized under this law, which was initially enacted to prevent the birth of individuals with inheritable intellectual disabilities. Another 8,500 people underwent sterilizations with their consent, although many of these cases were likely coerced due to societal pressures.

Why This Matters: A 1953 government notice shockingly permitted the use of physical restraint, anesthesia, and even deception to carry out these operations. The eugenics law was officially repealed in 1996, but its dark legacy persisted, as highlighted by the suffering of individuals like Saburo Kita, who was subjected to a vasectomy at the age of 14. 

“I've spent an agonizing 66 years because of the government surgery. I want my life back that I was robbed of,” said Kita, now 81, before Wednesday’s ruling. Kita only revealed his ordeal to his wife shortly before her death in 2013. He emphasized that government acknowledgment and responsibility were crucial for him to begin accepting his life again.

The issue resurfaced in 2018 when a woman in her 60s sued the government over a sterilization procedure she had undergone at age 15. This case opened the floodgates for numerous similar lawsuits.

In response to mounting pressure, the Japanese government issued a “wholehearted” apology in 2019 and introduced legislation for a lump-sum payment of 3.2 million yen (approximately $20,000 today) per victim. However, many survivors deemed this compensation insufficient given the extent of their suffering and pursued further legal action.

Regional courts have mostly agreed that the eugenics law violated Japan’s constitution. However, there has been inconsistency regarding the statute of limitations, with some judges considering it unfair and cruel, thus ordering the state to pay damages, while others dismissed cases citing the expiration of the legal window.

The Supreme Court’s decision to invalidate the statute of limitations represents a crucial step toward justice for the victims, who now have a renewed opportunity to seek compensation for the atrocities committed against them.

Key Takeaways:

  • Supreme Court rules eugenics law unconstitutional, invalidates statute of limitations.
  • Around 16,500 people forcibly sterilized under Japan’s eugenics law.
  • Government issued apologies and compensation, deemed insufficient by survivors.
  • Lawsuits have surged since 2018, highlighting the law’s dark legacy.
  • Court decision marks a significant victory for long-suffering victims.

 

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