December 26th 2018
Two couples in Hyogo prefecture who had hearing impairment requested damages for the total of 44 million yen for the first time in lawsuits in the lawsuit under the former eugenics protection law (1948-96), forced to undergo abortion and infertile surgery. The oral argument was heard on 26th, at the Kobe District Court (presiding Judge Koji Yamaguchi).
The Plaintiffs are Mr. Takaji Kobayashi (86) and Ms. Kimiko (86) from Akashi-shi, Aichi Prefecture, and Tatsuo Takao and Mrs. Namie, both their 70s, both from Hyogo prefecture. In September 2018, the two pairs filed a lawsuit as the deaf blockers for the first time.
In the court , Mr. Takaru appealed in sign language that “My dream of giving birth to a child was cut off, I regretted my teeth had been feeling frustrated.”
According to the complaint, Mr. and Mrs. Kobayashi were forced to have an abortion and sterilized without explanation. Mr. and Mrs. Takao was forced to have infertility surgery without explanation just before marrying in 1968.
The plaintiffs allege that the Constitution guaranteed by the old law infringed the right to pursue happiness and reproductive rights (sexual and reproductive rights).
Under the old law, a total of 15 people have filed suit in six nationwide districts so far. Discrimination has already begun in Tokyo, Sendai, Osaka etc.