Japan’s Supreme Court Rules Forced Sterilizations Were Unconstitutional
The decision opens the door for compensation and doesn’t set any statute of limitations.
By Himari Semans
Japan once legally sterilized people with disabilities to weed out “defective offspring.” Nearly three decades after the practice was abandoned, the country’s Supreme Court ruled that the former Eugenic Protection Law that allowed forced sterilizations was illegal, paving the path for overdue compensation.
No statute of limitations applied to ruling
The ruling concerned five lawsuits brought by people with disabilities who are seeking damages from the government for sterilization under the former Eugenic Protection Law (1948–1996). The Supreme Court ruled on July 3 that the defunct law was unconstitutional and issued the first unified decision recognizing the government’s liability for damages.
The court did not apply the statute of limitations, which limits the right to claim damages within a 20-year expiration period after the illegal act. The ruling said doing so would be “significantly contrary to justice and fairness.”
The 15-judge panel voted unanimously, making this the 13th case in which the Supreme Court has ruled a law unconstitutional.
