Japan court orders government to pay damages for forced sterilizations under now-defunct eugenics law

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In a landmark decision, Japan’s Supreme Court has ordered the government to pay damages to people who were forcibly sterilized under a now-defunct eugenics law, ruling the practice was unconstitutional and had violated their rights.

The Eugenic Protection Law, in place from 1948 to 1996, allowed authorities to forcibly sterilize people with disabilities, including those with mental disorders, hereditary diseases or physical deformities, and leprosy. It also allowed forced abortions if either parent had those conditions.

The Supreme Court overturned this decision on Wednesday, calling the statute “unacceptable” and “extremely contrary to the principles of justice and fairness.” The case is now sent back to the lower court to determine how much the government should pay. “The legislative intent of the former Eugenic Protection Law cannot be justified in light of the social conditions of the time,” said Judge Saburo Tokura when handing down the judgment, according to public broadcaster NHK.

 

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