Landmark ruling

Japan: Compensation for forced sterilization victims

(Bild: stock.adobe.com/xy)

Japan's Supreme Court has ruled that a now ineffective sterilization law, under which thousands of people were forcibly made infertile, is unconstitutional. The court also awarded compensation to a group of plaintiffs who had to undergo sterilization surgery many years ago, the Japanese news agency Kyodo reported on Wednesday.

According to the court, their compensation claims were not subject to a statute of limitations as the law was unconstitutional. It was unacceptable for the state to apply such a time limit in this case.

At least 16,000 people involuntarily sterilized
The ruling is considered groundbreaking as it may have an impact on current and future lawsuits relating to the so-called Eugenics Protection Act. The law was in force in Japan from 1948 to 1996. It was primarily aimed at people with mental disabilities or disorders and hereditary diseases. According to official figures, around 25,000 people were sterilized under the law, at least 16,000 of them without their consent.

Supreme Court had to decide on statute of limitations
According to Kyodo, the country's highest court classified the law as unconstitutional for the first time. The plaintiffs had previously filed a lawsuit with five different district courts, including in Sapporo, Sendai, Tokyo, Osaka and Kobe. The focus was now on the question of whether a 20-year statute of limitations could be applied after four of the other courts had already upheld the plaintiffs' claims. The court in Sendai, however, ruled that a statute of limitations applied.

In April 2019, a law came into force that provided for the state to pay 3.2 million yen (around 18,400 euros) in compensation to the victims of forced sterilization. However, there was strong criticism of a uniform sum, among other things.