Japan’s Supreme Court has made a historic ruling deeming the country’s defunct Eugenic Protection Law, which enforced sterilization surgery on individuals with impairments, as unconstitutional. This decision came as a result of lawsuits filed by those who were forcibly sterilized across Japan, alleging discrimination and seeking state compensation.
Presiding justice Tokura Saburo declared the defunct law unconstitutional and ordered compensation in four out of five cases that were brought before the court. The case in Sendai, where the plaintiff’s claim was initially dismissed, has been sent back to a lower court for further review.
The Eugenic Protection Law was in effect for 48 years until it was abolished in 1996. It permitted doctors to sterilize individuals with mental or intellectual disabilities, resulting in an estimated 25,000 people undergoing the procedure, including some who allegedly gave consent.
This ruling by the Supreme Court marks the 13th time since World War Two that a legal provision has been deemed unconstitutional. The state had argued that it should not be held accountable for compensation due to the extended period since the surgeries took place.
This decision is seen as a step towards justice and recognition of the harm caused by the discriminatory practices of the past. It highlights the importance of upholding human rights and equality for all individuals, regardless of their abilities.
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