” ‘ I want the country to apologize’ A couple in their 70s who have hearing impairments in Osaka prefecture file a lawsuit on January 30th, alleging that they were forced to undergo infertility surgery under the former eugenics protection law, violating their right to pursue of happiness, guaranteed by Article 13 of the Constitution. They filed a lawsuit seeking damages totaling 22 million yen at the Osaka District Court..”
“Two of Japan’s largest psychiatric societies will carry out investigations of their connection to the “unfortunate history” of forced sterilization surgeries on those with intellectual disabilities or mental illnesses carried out under the eugenic protection law.”
“Japan’s Disability Shame: Soon after the end of the Second World War, the Japanese government began a program of forced sterilisation of its disabled population in an attempt to manage the country’s repopulation efforts. From there, a longstanding and pernicious stigma endured to the present day, where the disabled are openly shunned in society, and treated as a shameful taboo.”
“The number of prenatal tests conducted in Japan to check for serious health issues with the fetus has jumped 2.4 times over a 10-year period from 2006 to 2016, according to an estimate by researchers at the National Center for Child Health and Development and other institutions.”
Plaintiffs are acting names of both Mr. Takaji Kobayashi (86) and Ms. Kimiko (86) in Akashi-shi, Aichi Prefecture, and Tatsuo Takao and Mrs. Namie in their 70s living in the prefecture. In September this year, two pairs have filed a lawsuit as the deaf blockers for the first time.
In the court of the day, 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 aborted and sterilized without explanation immediately after marriage for 60 years. Mr. and Mrs. Takao were infertile surgery without explanation just before marriage 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).
Over 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.
“When the guardian of a woman ordered to be sterilized sought nullification of the decision by the local eugenic protection council in July 1965, the panel turned down the complaint on the grounds that the guardian “did not have sufficient understanding of the law.” ”