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Japanese woman sues government over forced sterilisation Japanese woman sues government over forced sterilisation
(35 minutes later)
Estimated 16,000 people were sterilised without their consent under notorious eugenics law Estimated 16,000 people were sterilised without their consent under eugenics law
Justin McCurry in TokyoJustin McCurry in Tokyo
Tue 30 Jan 2018 09.18 GMTTue 30 Jan 2018 09.18 GMT
Last modified on Tue 30 Jan 2018 09.19 GMT Last modified on Tue 30 Jan 2018 10.16 GMT
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A Japanese woman who was forcibly sterilised in her teens due to a mental disability has become the first of thousands of victims of the country’s former eugenics law to sue the government. A Japanese woman who was forcibly sterilised aged 15 due to a mental disability has become the first of thousands of victims of the country’s former eugenics law to sue the government.
The woman, who is in her 60s, is seeking 11m yen (£72,000), claiming the state violated her human rights and offered her no support when she underwent the procedure as a 15-year-old after being diagnosed with a mental disability, according to court documents quoted by Kyodo news. The woman, who is in her 60s, is seeking 11m yen (£72,000), claiming the state violated her human rights and offered her no support when she underwent the procedure, according to court documents quoted by Kyodo News.
The plaintiff, who has not been named, is one of an estimated 16,000 people who were sterilised without their consent under Japan’s notorious eugenics law, which remained in force until 1996. The plaintiff, who has not been named, is one of an estimated 16,000 people who were sterilised without their consent under Japan’s eugenics law, which remained in force until 1996.
“We have had agonising days ... we stood up to make this society brighter,” the woman’s sister-in-law said at a televised press conference. The health minister, Katsunobu Kato, declined to comment, saying he was unaware of the details of the case. Speaking at a televised press conference, the woman’s sister-in-law said: “We have had agonising days … We stood up to make this society brighter.”
The government has said it is willing to talk to individuals who need help but added it had no plans to provide support to all of the victims, a health ministry official told Agence France-Presse. The health minister, Katsunobu Kato, declined to comment, saying he was unaware of the details of the case.
Introduced in 1948, the eugenic protection law authorised the sterilisation – with or without consent – of people with mental disabilities and illnesses, along with those with hereditary disorders, “to prevent birth of inferior descendants … and to protect life and health of mother”. The government has said it is willing to talk to individuals who need help, but said it had no plans to provide support to all of the victims, a health ministry official told Agence France-Presse.
Germany and Sweden had similar measures, but have since apologised to the victims and provided compensation. Introduced in 1948, the eugenic protection law authorised the sterilisation, with or without consent, of people with mental disabilities and illnesses, along with those with hereditary disorders, “to prevent birth of inferior descendants … and to protect life and health of mother”.
The Japanese woman’s claim, filed with a court in the city of Sendai, is expected to highlight the Japanese state’s mistreatment of people with disabilities and chronic conditions in the postwar period. In the 1950s, it rounded up thousands of leprosy patients and forced them to live in sanatoriums located in mountains or on remote islands. Many were sterilised or forced to have abortions. Germany and Sweden had similar measures, but have since apologised to victims and provided compensation.
In 2001, a court ruled that the policy of segregating leprosy disease patients, which ended as recently as 1996, was unconstitutional and should have been discontinued after effective multidrug therapies were made widely available by the end of the 1950s. The Japanese woman’s claim, filed with a court in the city of Sendai, is expected to highlight the Japanese state’s mistreatment of people with disabilities and chronic conditions in the period after the second world war.
The then prime minister, Junichiro Koizumi, offered a formal apology and promised not to contend compensation claims by former patients. In the 1950s, it rounded up thousands of leprosy patients and forced them to live in sanatoriums located in mountains or on remote islands. Many were sterilised or made to have abortions.
The United Nations has criticised Japan’s refusal to apologise or provide compensation to victims of forced sterilisation. In 2001, a court ruled that the policy of segregating leprosy disease patients was unconstitutional and should have been discontinued after effective multi-drug therapies were made widely available by the end of the 1950s.
In 2016, the UN committee on the elimination of discrimination against women recommended that Japan adopt “specific measures aimed at providing all victims of forced sterilisations with assistance to access legal remedies and provide them with compensation and rehabilitative services”. The then prime minister Junichiro Koizumi offered a formal apology and promised not to challenge compensation claims by former patients.
The UN has criticised Japan’s refusal to apologise or provide compensation to victims of forced sterilisation.
In 2016, the UN committee on the elimination of discrimination against women recommended Japan adopt “specific measures aimed at providing all victims of forced sterilisations with assistance to access legal remedies and provide them with compensation and rehabilitative services”.
Agence France-Presse and Associated Press contributed to this reportAgence France-Presse and Associated Press contributed to this report
JapanJapan
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