Japan court orders government to pay damages for forced sterilizations under now-defunct eugenics law

Tokyo CNN —

In a landmark decision, Japan’s Supreme Court has ordered the government to pay damages to people who were forcibly sterilized under a now-defunct eugenics law, ruling the practice was unconstitutional and had violated their rights.

The Eugenic Protection Law, in place from 1948 to 1996, allowed authorities to forcibly sterilize people with disabilities, including those with mental disorders, hereditary diseases or physical deformities, and leprosy. It also allowed forced abortions if either parent had those conditions.

The law had aimed to “prevent the increase of the inferior descendants from the eugenic point of view and to protect the life and health of the mother as well,” according to a copy of the law – which listed “remarkable abnormal sexual desire” and “remarkable clinical inclination” among the conditions targeted.

About 25,000 people were sterilized without consent during that period, according to the court ruling, citing ministry data.

Though the government had offered to compensate each victim 3.2 million yen (about $19,800) in 2019 under a relief law, victims and their supporters argued that was far from enough – with a number continuing their fight in court.

Wednesday’s ruling addressed five such lawsuits, filed by plaintiffs from across the country to lower courts which then advanced to the Supreme Court.

Lawyers and supporters of victims of forced sterilization march toward the Supreme Court of Japan in Tokyo, carrying a banner demanding government apologies and compensation, July 3, 2024.

In four of those cases, the lower courts had ruled in favor of the plaintiffs – which the Supreme Court upheld on Wednesday, ordering the government to pay 16.5 million yen (about $102,000) to the