Oct 2024 New compensation law for former Eugenic Protection Act victims

2024-10-23 Advocacy

Shinzato addresses a joint press conference.

A bill to compensate all victims of forced sterilization has been passed by the Japanese parliament.

Photo taken by Yuseiren: On 8 October 2024, at the press conference by plaintiffs, lawyers and Yuseiren (suppoters), Mr Niizato, co-chair of the lawyers’ group is making a speech

On 8 October 2024,the Act on Payment of Compensation, etc. to Persons who have undergone Eugenic Sterilization, etc. based on the former Eugenic Protection Act (the new Compensation Act) was passed, which provides compensation for persons who were forced to undergo sterilization or abortion due to disability or other reasons under the Eugenic Protection Act.

On the same day, prior to the passage of the bill, the plenary session of both the House of Representatives and the House of Councilors formally adopted the Apology for Victims of Eugenic Surgery, etc. under the Eugenic Protection Law.

The newly passed Compensation Law stipulates that 15 million yen will be paid to victims of forced eugenic surgery themselves, 5 million yen to their spouses and 2 million yen to women who are forced to undergo abortion. The Compensation Act will come into force three months later, in January 2025. Detailed information on procedures and other details is expected to be provided by the competent ministry, the Administration for Children and Families.

＊Campaigning and progress on this issue
Under the Eugenic Protection Act (1948-1996), it is estimated that some 84,000 people (including 25,000 cases of forced sterilisation) were affected by the Act. Most victims were women and also included minors.

In 2018, the first lawsuit concerning eugenic operations under the Eugenic Protection Act was initiated in Miyagi Prefecture.

・Junko Iizuka (pseudonym), who has been suing the victims of the Eugenic Protection Law for over 20 years (CALL4).

‘I was sterilized at the age of 16 without knowing it. I demand an apology from the state that forced me to undergo the procedure and continue to raise my voice.’

16歳で知らずに受けた不妊手術。強制した国に謝罪を求め、声を上げ続ける

In 2022, Yuseiren, a network of support groups, was established and DPI-Japan is one of its 24 member organizations.

・Digest video of the 10.25 national rally calling for a full resolution of the Eugenic Protection Law issue (Yuseiren)

In 2019, the Law on Lump-sum Payment to Persons who underwent Eugenic Surgery, etc. based on the former Eugenic Protection Law (Lump-sum Payment Law) was enacted, promulgated and enforced through parliamentary legislation. However, the law did not clarify the State’s responsibility for damages, and the amount of the payment was too low considering the severity of the damage suffered.

On 3 July 2024, the Supreme Court ruled that the eugenic surgery provisions of the Eugenic Protection Act violated Article 13 and Article 14(1) of the Constitution and accepted liability of the State for damages. In response, the former Prime Minister Kishida apologized to the victims at the Prime Minister’s Office on 17 July, and the former Minister of Justice Koizumi apologized on 2 August.