Japan's Top Court Rules Forced Sterilization Unconstitutional, Marking Landmark Decision

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Japan's Supreme Court has issued a landmark ruling declaring unconstitutional a defunct eugenics law that mandated the forced sterilization of 16,500 disabled individuals between the 1950s and 1990s. This decision came alongside orders for the government to compensate 11 victims involved in five specific cases that were heard on appeal.

The ruling marks the culmination of a long legal battle by victims seeking justice, including compensation and an official apology. In 2019, a law was passed granting damages to surviving victims, but some continued to pursue higher compensation through further litigation.

Four of the cases brought before the Supreme Court involved appeals by the central government against lower court rulings on compensation. In the fifth case, two female plaintiffs contested the dismissal of their claims, which had been rejected citing the statute of limitations.

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The eugenics law, enacted in 1948 in post-World War II Japan, targeted approximately 25,000 people deemed to have inheritable disabilities. Operations to prevent these individuals from having children labeled as "inferior" were conducted without consent in 16,500 cases, as acknowledged by the government. Lawyers argued that even those who ostensibly consented were effectively coerced due to societal pressures prevailing at the time. Shockingly, victims as young as nine years old underwent these procedures, as documented in a parliamentary report from June 2023. The law was finally repealed in 1996.

The Supreme Court's ruling also addressed the application of a 20-year statute of limitations to compensation claims related to forced sterilizations, determining that this limit cannot be enforced in such cases. Legal representatives for the plaintiffs argued that many victims only discovered the surgeries and their consequences long after the fact, thus missing the deadline to file claims under existing law.

Forced sterilizations were most rampant during the 1960s and 1970s, coinciding with Japan's post-war baby boom. Many of those subjected to these procedures had physical disabilities, intellectual impairments, mental health issues, or chronic illnesses such as leprosy. Government documents from 1953 reveal that these operations were permitted under conditions including physical restraint, anesthesia, and in some cases, deception.

Lawyer Yutaka Yoshiyama, representing two of the plaintiffs, emphasized the need for Japan to confront the historical injustices inflicted upon victims and their families. He criticized the government for turning a blind eye to the "horrific harm" suffered and called for swift and comprehensive measures to address the legacy of this dark chapter.

Under the 2019 compensation law, surviving victims are eligible to receive 3.2 million yen (approximately $19,800 USD) each. Reports indicate that about 1,300 people have applied for compensation, with 1,100 having been awarded so far. However, for many victims like Yumi Suzuki, who was forcibly sterilized at the age of 12 due to cerebral palsy, financial compensation cannot fully compensate for the profound loss and trauma endured. In an interview with the BBC in 2021, Suzuki expressed her devastation upon learning she could never become a mother and spoke passionately about the need for recognition, equality, and justice for disabled individuals.

The court's decision has brought renewed attention to Japan's past injustices and sparked calls for broader societal awareness and reforms to ensure such atrocities are never repeated.

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