Japan’s Supreme Court has made history by ruling that the country’s Eugenic Protection Law, which mandated sterilization surgery for people with disabilities, is unconstitutional. This decision comes after individuals who were forcibly sterilized filed lawsuits across Japan, arguing that the law was discriminatory and seeking compensation from the state. The Supreme Court’s Grand Bench reviewed five cases from high courts in different regions and declared the law unconstitutional in four of them, ordering compensation for the victims. A case from Sendai, where the plaintiff’s claim was initially dismissed, was sent back to a lower court for reconsideration.
This ruling marks the 13th time since World War Two that the Supreme Court has found a legal provision to be unconstitutional. The controversial Eugenic Protection Law was in place for nearly five decades until it was repealed in 1996, allowing doctors to sterilize individuals with disabilities without their consent. Approximately 25,000 people are estimated to have undergone sterilization procedures under this law, including some who allegedly agreed to the surgery. The state had previously argued that it was not liable for compensation due to the passage of time since the surgeries were performed.
Overall, this landmark decision by Japan’s Supreme Court acknowledges the severe human rights violations committed under the Eugenic Protection Law and paves the way for justice and reparations for those affected.
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