In a landmark ruling, Japan’s Supreme Court has declared the country’s defunct Eugenic Protection Law, which mandated sterilization surgery for people with impairments, to be unconstitutional. This decision came after people who were forcibly sterilized filed lawsuits across Japan, claiming the treatment was discriminatory and seeking state compensation. The Supreme Court’s Grand Bench made its decision on five rulings by high courts, ordering compensation in four cases and sending one back to a lower court.
Presiding justice Tokura Saburo stated that the Eugenic Protection Law was unconstitutional, marking the 13th time since World War Two that the Supreme Court has found a legal provision to be in violation of the constitution. The law, which was in effect for 48 years until 1996, allowed doctors to sterilize individuals with mental or intellectual disabilities without their consent. It is estimated that around 25,000 people underwent sterilization procedures under this law.
The state had previously argued that it was not responsible for compensation due to the time that had elapsed since the surgeries took place. However, the Supreme Court’s ruling has ordered compensation in most cases, signaling a significant step towards justice for those affected by the Eugenic Protection Law. This decision brings closure to a dark chapter in Japan’s history and sets a precedent for recognizing and addressing past injustices.
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