Japan's top court has ruled that a defunct eugenics law, which led to the forced sterilization of 16,500 disabled people between the 1950s and 1990s, is unconstitutional. The Supreme Court also ordered the government to pay damages to 11 victims involved in five appeal cases.
Historic Ruling
This landmark decision concludes a decades-long fight for justice by victims seeking compensation and an apology. In 2019, a law granted surviving victims damages, but some continued to fight for higher compensation. The central government had appealed against lower court compensation orders in four cases, while two female plaintiffs appealed a dismissal due to the statute of limitations.
The Eugenics Law
Enacted in 1948, the post-World War Two law led to 25,000 sterilizations to prevent people with inheritable disabilities from having children deemed "inferior." The government acknowledged that 16,500 sterilizations were performed without consent, while lawyers argued that the remaining 8,500 were "de facto forced."
Victims' Stories
Victims were as young as nine years old. On Wednesday, the Supreme Court ruled that a 20-year statute of limitations could not apply to forced sterilization claims. Lawyers argued that some victims learned of their sterilizations too late to meet the deadline.
Impact of the Ruling
Forced sterilizations were most common in the 1960s and 1970s. Many victims had physical or intellectual disabilities, mental health issues, or chronic diseases. Physical restraint, anesthesia, and deception were allowed during operations. Lawyer Yutaka Yoshiyama, representing two plaintiffs, urged the government to acknowledge the "horrific harm" suffered by victims and their families.
Ongoing Struggle
Under the 2019 law, surviving victims can receive 3.2 million yen ($19,800). About 1,300 people have applied, with 1,100 awarded compensation so far. Yumi Suzuki, 68, sterilized at 12 due to cerebral palsy, expressed that financial compensation is not enough. "I don’t want money. I want people to know what happened to us. To make sure it never happens again. We are not things. We are human beings."
This ruling has sparked a call for justice and equality for disabled people in Japan, emphasizing the need to ensure such tragedies are never repeated.