Japan’s Supreme Court has rendered a landmark decision declaring the country’s former eugenics law, which mandated forced sterilisation between 1948 and 1996, unconstitutional. This ruling allows thousands of victims to seek compensation from the government after decades of legal battles.
The court in Tokyo announced on Wednesday that the defunct law, which resulted in the forced sterilisation of approximately 16,500 individuals, violated constitutional rights. It further ruled against applying a 20-year statute of limitations to compensation claims, marking a significant victory for victims seeking justice.
“The state’s evasion of responsibility for damages payments would be extremely unfair and unjust, and absolutely intolerable,” the Supreme Court stated in its decision.
Initially implemented to “prevent the generation of poor quality descendants,” the eugenics law also saw an additional 8,500 people undergo sterilisation with their consent, although legal experts argue that many of these cases were effectively forced due to intense societal pressures.
A 1953 government directive permitted the use of physical restraints, anaesthesia, and even deception during these procedures, highlighting the coercive nature of the policy.
Following the ruling, Saburo Kita, a victim who was sterilised at the age of 14, expressed both relief and determination: “There are people who couldn’t be here today. There are those who died as well. I want to visit the grave of my parents and tell them we’ve won.” Kita, like many others, vowed to continue the fight alongside legal representatives.
While sterilisation operations dwindled in the 1980s and 1990s before the law’s eventual repeal in 1996, the issue gained renewed attention in 2018 when a woman sued the government over a procedure performed when she was just 15 years old. This legal challenge prompted a wave of similar lawsuits.
In response to mounting pressure, the Japanese government issued a formal apology in 2019, coupled with legislation offering a lump-sum payment of 3.2 million yen (approximately $20,000 today) per victim. However, survivors argued that this amount failed to adequately address the severity of their suffering, prompting further legal action.
While regional courts had previously ruled inconsistently on the validity of claims beyond the statute of limitations, Wednesday’s Supreme Court decision provides clarity. “We will pay damages based on the verdict that was finalised today,” announced government spokesman Yoshimasa Hayashi, indicating a commitment to comply with the court’s directive.
Critics have denounced the government’s delayed response and lack of human rights awareness concerning what has been described as Japan’s most significant post-war human rights violation. Advocacy groups have demanded comprehensive measures to address the historical injustices inflicted under the eugenics law.
Lawyer Koji Niizato hailed the Supreme Court’s decision as a milestone in Japan’s legal history: “Victims of the eugenics law put up a wonderful fight, one that influenced the Supreme Court and changed society.”
As Japan navigates the aftermath of this ruling, the focus now shifts to implementing fair and just compensation measures while ensuring accountability for past injustices that have long been ignored.