Japanese Prime Minister Fumio Kishida, speaking on NHK television, made his first official apology to victims of sterilization under the country’s 48-year-old eugenics protection law and announced his intention to resolve the issue of compensation.
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In early July, Japan’s Supreme Court ruled that the provisions of the law protecting eugenics were unconstitutional and ordered the state to pay compensation to victims of sterilization, despite the expiration of the statute of limitations.
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“The old eugenics protection law was unconstitutional, and given that we implemented that law, the government’s responsibility for its implementation, including the manner in which it was implemented, is extremely great. I sincerely apologize for this on behalf of the government. Such measures are a violation of human dignity, which This should not have happened, this is a violation of human rights. Recalling the significant suffering and hard efforts that you have endured both physically and mentally, I understand that the solution to this problem cannot be delayed. I have instructed that measures be worked out promptly, in consultation with Parliament. under a new compensation system,” the head of the Japanese government said at a meeting with victims of sterilization in the Prime Minister’s Office.
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The Eugenics Protection Act was in force in Japan from 1948 to 1996 and allowed for sterilization of persons suffering from mental or psychiatric disorders, as well as those with serious genetic diseases. According to government estimates, about 25,000 people were sterilized during the period the eugenics protection law was in effect. Of these, 16 thousand had the procedure performed without voluntary consent.
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In 2019, the Japanese Parliament approved a law on compensation for victims of forced sterilization in the amount of 3.2 million yen (about 20 thousand dollars). However, only 1.1 thousand people are officially recognized as entitled to compensation.
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The Eugenics Protection Act was found unconstitutional by the high courts of Sapporo, Sendai, Tokyo, Osaka and Kobe, which also awarded compensation to the plaintiffs from the state. The authorities, in turn, insisted that the plaintiffs could not claim compensation due to the fact that the statute of limitations for cases of misconduct is limited to 20 years.
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The Supreme Court, in turn, also considered that the eugenics protection law was contrary to the Japanese constitution, and that the statute of limitations could not be applied to persons injured in connection with the eugenics protection law, and therefore ordered the state to pay compensation to the victims of sterilization.
