The Eugenic Protection Act is a violation of the constitution
The Supreme Court Decision and its reaction 1
The Supreme Court concluded in a series of cases (more than six years) about the Eugenic Protection Act as follows,
- Forced sterilization violated Article 13 of the Constitution (respect as the individual, the right to life, liberty and the pursuit of happiness) and Article 14(1) (equality before the law).
- The government's allegation that the lawsuit is invalid because the period of limitation had expired was against the rule of faith and was not permissible as an abuse of power.
- The government shall compensate the plaintiff.
The Diet members start to move on discussing a new law to provide remedy to the victims of forced sterilization. They restarted on 2024 July 9 the “All-party Parliamentary Group for Reviewing Forced Sterilization under the Eugenic Protection Act”. On July 17th, Prime Minister apologized the plaintiff. On the 29th, the Cabinet Office established the “Headquarters for Measures Toward the Realization of a Coexisting Society Free from Prejudice and Discrimination against Persons with Disabilities” to review past efforts to eradicate eugenic ideology and prejudice and discrimination against persons with disabilities, and to strengthen efforts, including education and awareness-raising activities.
The Diet members and the government are trying to implement the remedy of victims and the eradication of eugenic ideology, prejudice and discrimination (hereinafter referred to as “Anti-eugenic Ideology”) simultaneously. But it is clearly wrong to treat the former the same as the latter. The speed required for the two is different.
Remedies must be swift. Victims of forced sterilization are aging. Several have died since lawsuits had started in 2018. It is only natural for the government to provide adequate remedies while the plaintiffs are still alive.
On the other hand, the Anti-eugenic Ideology requires a change in the way of thinking of politicians, bureaucrats, public servants and citizens who have eugenic ideas. This will require a great deal of effort. The Eugenic Protection Act has a discriminatory history of bringing serious damages to not only people with disabilities, but also people from abroad and people with leprosy. Until recent years, forced sterilization had not been recognized as issue under the Eugenic Protection Act. This shows that many people supported eugenic ideology. Anti-eugenic Ideology requires an immeasurable amount of energy. We wonder if the government is aware of this.
