Victims who were subjected to sterilization procedures under Japan’s now-defunct Eugenic Protection Law shared their harrowing experiences during a hearing at the Supreme Court on Wednesday. The plaintiffs recounted years of enduring the consequences of the law.
These individuals are seeking compensation from the Japanese government for the injustices they suffered.
Enacted in 1948 to address the post-World War Two population surge, the Eugenic Protection Law permitted involuntary sterilization for individuals with mental or intellectual disabilities. Concerns at the time revolved around the potential hereditary transmission of disabilities to offspring.
The law remained in force until its abolition in 1996. It is estimated that more than 16,000 people underwent sterilization procedures without their consent.
Among those who spoke at the hearing was Suzuki Yumi, who recounted being sterilized at the age of 12. She vividly described the trauma of not being informed about the procedure beforehand and feeling overwhelmed by fear in the operating room.
Another plaintiff, Kita Saburo, implored the Supreme Court to acknowledge the profound suffering of the victims. He argued that a ruling in their favor could provide some semblance of restitution and help them reclaim their lives.
Legal proceedings regarding forced sterilizations began in 2018, with the Supreme Court currently deliberating five similar cases.
A key point of contention revolves around the statute of limitations. According to the Civil Code, plaintiffs have a 20-year window to seek compensation. The crucial question is whether this statute should be upheld. The government contends that it should be enforced.
Previous rulings by Japanese high courts have deemed the defunct law unconstitutional. In four out of five cases, the courts ordered the government to provide compensation. However, one lawsuit was dismissed on the grounds that the statute of limitations had expired.
Tragically, six of the 39 plaintiffs have already passed away, according to their legal representatives.
The Supreme Court is anticipated to deliver its verdict on all forced sterilization cases later this summer.