Japan’s Supreme Court declares eugenics law unconstitutional

Japan’s Supreme Court has made a historic ruling, deeming the country’s Eugenic Protection Law, which mandated sterilization surgery for individuals with impairments, to be unconstitutional. This decision comes after numerous lawsuits were filed by victims of forced sterilization, arguing that the discriminatory law violated their constitutional rights.

In a landmark judgment, the Supreme Court’s Grand Bench declared the defunct law unconstitutional and ordered compensation for victims in four out of five cases. Cases from high courts in Sapporo, Sendai, Tokyo, and Osaka were decided upon, with only one case being sent back to a lower court for further review. This ruling marks the 13th time since World War Two that a legal provision has been deemed unconstitutional by the Supreme Court.

The Eugenic Protection Law was in effect for nearly five decades before being abolished in 1996. It allowed doctors to forcibly sterilize individuals with mental or intellectual disabilities, resulting in an estimated 25,000 people undergoing the procedure. The state had argued against providing compensation, citing the extended period since the surgeries took place.

This decision is seen as a significant step towards acknowledging and rectifying the injustices faced by those who were victims of forced sterilization under the Eugenic Protection Law. The ruling holds the government accountable for its past actions and opens the door for further legal action seeking justice for those affected by this discriminatory law.

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