By Barrier Free Japan
July 5 2024
TOKYO – Japan’s Supreme Court on Wednesday awarded damages to victims of forced sterilizations conducted under the now-defunct eugenic protection law.
Handing down a unified ruling on five related damages suits, the top court’s Grand Bench, presided over by Chief Justice Saburo Tokura, decided not to apply the 20-year statute of limitations for damages claims, a focal point of the case. It effectively handed total victory to the plaintiffs.
The top court found the old law, which was used to force people with disabilities to undergo sterilizations, unconstitutional and acknowledged the government’s liability to pay damages to plaintiffs in the five lawsuits.
The plaintiffs, who filed the lawsuits at five district courts in Sapporo, Sendai, Tokyo, Osaka and Kobe, were among a total of 39 people who have sought damages in similar lawsuits at 11 district courts and a branch court since 2018.
“It is extremely unfair and unjust” to exempt the government from liability by applying the statute of limitations, the top court said, calling its application by the state “intolerable” as it “goes against the duty of good faith” and is “an abuse of power.”
All 15 judges unanimously found the eugenics law to be unconstitutional, saying it violated Article 13 of the Constitution that guarantees the freedom of people not to undergo physically invasive procedures against their will and Article 14 which stipulates the right to equality.
It was the 13th case in which the Supreme Court ruled a law unconstitutional.
“I was deeply touched (by the top court decision) and cried,” said a woman from Miyagi Prefecture in her 70s, who had lost her legal battle at a district and high court.
“I really struggled until this moment. Today is the best day (of my life),” she said after the ruling.
Prime Minister Fumio Kishida on the same day instructed Ayuko Kato, minister in charge of child policy, to set up a meeting between him and the plaintiffs this month, Kato told reporters after she met with Kishida at the prime minister’s office.
“The government sincerely regrets it and deeply apologizes (to the plaintiffs) for going through the immense pain of receiving sterilization operations,” Kishida separately told reporters.
“I want to directly convey my words of apology” when I meet with the victims of forced sterilization, he said.
“We will promptly pay compensation based on the ruling,” Chief Cabinet Secretary Yoshimasa Hayashi told a press conference after the Supreme Court’s decision.
Episode Notes:
‘Japan Top Court Orders Damages for Forced Sterilizations’:
‘Japan top court orders government to pay damages over forced sterilization’ (Kyodo):
‘(Update) Japan Forced Sterilization Ruling: Japan Govt “will promptly pay compensation based on the ruling,” says Chief Cabinet Secretary Yoshimasa Hayashi’:
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