Japan’s Supreme Court Grand Bench to Rule on Forced Sterilization Damages

From Jiji

November 1 2023

TOKYO – The Japanese Supreme Court’s First Petty Bench decided Wednesday to have the top court’s Grand Bench issue a unified ruling on five damages lawsuits filed by forced sterilization victims under the now-defunct eugenic protection law. 

The Grand Bench, presided over by Chief Justice Saburo Tokura, is expected to hand down such a ruling next year on the suits, with the top court’s judgment on whether the 20-year statute of limitation for damages claims applies in the cases a focal point.

The lawsuits were initially filed with district courts in Sapporo, Sendai, Tokyo, Osaka and Kobe. All but Tokyo District Court found the old law unconstitutional, while all the five rejected damages claims citing the statute of limitation.

High courts that took up the cases all ruled that forced sterilizations of people with disabilities violated the Constitution but gave differing judgements regarding the applicability of the statute of limitation.

 The expected Grand Bench ruling will certainly affect 15 other similar lawsuits launched nationwide, people familiar with the matter said.