Japan: Defunct Forced Sterilization Law Ruled Unconstitutional

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Facts

  • On Wednesday, the Japanese Supreme Court found that the 1948 eugenics law under which thousands of people who had inheritable disabilities were forcibly sterilized violated the constitution, ordering the government to pay damages to 11 surviving victims.1
  • The justices unanimously found that the legislation was in breach of articles 13 and 14 of the Japanese constitution, which protect people against unwanted physically invasive procedures and the right to equality.2
  • The top court further opened up the possibility of further compensation claims, ruling that the 20-year statute of limitations doesn't apply because it would be 'extremely unfair' and 'intolerable' for the state to dodge responsibility for damages.3
  • This comes as the Grand Bench heard four cases in which high courts ruled against the applicability of the statute of limitations and one in which the Sendai High Court found the plaintiffs had lost their right to seek compensation.4
  • This comes as the Grand Bench heard four cases in which high courts ruled against the applicability of the statute of limitations and one in which the Sendai High Court found the plaintiffs had lost their right to seek compensation.5
  • According to a parliamentary report, up to 25K were sterilized in Japan between 1948 and 1996, while 16.5K operations were forcibly carried out, often involving deception and unsafe methods.6
  • Following the ruling, Prime Minister Fumio Kishida apologized to the victims and directed the minister in charge of child policy to arrange a meeting between him and the plaintiffs this month.5

Sources: 1BBC News, 2Guardian, 3France 24, 4The Asahi Shimbun, 5Kyodo News+ and 6The Japan Times.

Narratives

  • Conservative narrative, as provided by Spectator (UK). Besides those forcibly sterilized under Japan's eugenics law, some 60K women reportedly had been forced to have abortions due to hereditary illnesses. Based on the idea of the superiority of the Yamato bloodline, this law devastated countless lives. This dark chapter highlights the severe human cost of such discriminatory policies.
  • Progressive narrative, as provided by New York Times. The devastating impact of the eugenics law on Japanese people isn't only limited to the past. The stigma from this history now curbs women's reproductive rights in the country. Today, women seeking sterilization face onerous and unreasonable conditions, such as needing spousal consent and having prior children.

Predictions