Japan’s highest court has delivered a landmark decision, ruling that a now-defunct eugenics law which led to the forced sterilization of thousands of disabled people between the 1950s and 1990s was unconstitutional. This verdict marks a significant victory for victims who have fought for decades to receive compensation and an apology from the government.
Decades-Long Struggle for Justice
The ruling comes after years of lawsuits by victims who were sterilized under the Eugenic Protection Law enacted in 1948, just after World War II. The law targeted people with disabilities, many of whom had inheritable conditions, for sterilization procedures aimed at preventing the birth of “inferior” children. Shockingly, government figures reveal that around 25,000 people underwent these surgeries, with 16,500 acknowledged to be involuntary. While authorities claim the remaining 8,500 consented, lawyers argue that immense social pressure effectively forced them into compliance.
Victims of these forced sterilizations, some as young as nine years old according to a recent parliamentary report, have endured immense emotional suffering. Yumi Suzuki, a 68-year-old woman with cerebral palsy who was sterilized at 12, poignantly expressed the deep pain caused by the procedure: “When I found out I realized I could never be a mother… It broke my heart.” Many victims, like Suzuki, have emphasized that financial compensation is only a partial remedy. Their primary desire is public recognition of the wrongs they endured and a guarantee that such a violation of human rights will never be repeated.
Supreme Court Rejects Statute of Limitations
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The Supreme Court’s decision addressed not only the constitutionality of the law but also the applicability of a 20-year statute of limitations on compensation claims. Lawyers for the victims argued that this time limit unfairly disadvantaged those who were sterilized without their knowledge or who were too young to understand the consequences at the time. The court agreed, paving the way for a wider range of victims to seek compensation.
In a further step towards justice, the court ordered the government to pay damages to 11 victims involved in the specific cases brought before them. This comes after a 2019 law offered surviving victims a lump sum of 3.2 million yen (approximately $19,800), a sum some victims consider inadequate. While over 1,000 people have received compensation under this law, many others are still seeking reparations.
Lawyer Yutaka Yoshiyama, representing two of the plaintiffs, called for the government to take a “full-fledged resolution” to address the issue. He emphasized the need to acknowledge the “horrific harm” inflicted on the victims and their families. Several victims, he noted, sadly passed away without receiving due compensation.
The court’s decision offers a glimmer of hope for those who suffered under the eugenics law. It serves as a reminder of the importance of protecting the rights of all individuals, regardless of disability. The fight for justice, however, is not entirely over. Victims like Yumi Suzuki seek not just compensation but societal recognition of the trauma they endured and a commitment to ensuring such violations never happen again.
