Japan’s Supreme Court has declared unconstitutional a now-defunct sterilization law that forcibly infertilized thousands of people. The court also awarded damages to a group of plaintiffs who were forced to undergo sterilization surgeries many years ago, Japan’s Kyodo news agency reported Wednesday.
Their claims for damages were not subject to a limitation period because the law was unconstitutional, the court said. The state’s use of such a period in this case should not be tolerated.
At least 16,000 people have been involuntarily sterilized
The ruling is considered groundbreaking because it could affect ongoing and future legal cases involving the so-called Eugenics Protection Act. The law in Japan was in effect from 1948 to 1996. It was primarily aimed at people with intellectual disabilities or disorders, but also at hereditary diseases. According to official figures, about 25,000 people have been sterilized under the law, at least 16,000 of them without their consent.
The Supreme Court had to decide on the statute of limitations
According to Kyodo, the country’s highest court has ruled the law unconstitutional for the first time. The plaintiffs previously filed a lawsuit in five different courts, including in Sapporo, Sendai, Tokyo, Osaka and Kobe. The focus now was on whether a 20-year statute of limitations could apply after four of the other courts had already granted the plaintiffs’ claims. The Sendai court, however, ruled that a statute of limitations applies.
In April 2019, a law came into effect requiring the state to pay 3.2 million yen (about 18,400 euros) in compensation to victims of forced sterilization. But there was strong criticism, among other things, about a uniform amount.
Source: Krone
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