Japan’s Prime Minister Fumio Kishida issued a formal apology on July 17 to the victims of the now-defunct Eugenic Protection Law, which led to the forced sterilization of thousands of individuals between 1948 and 1996. The apology came in the wake of a landmark Supreme Court ruling that declared the law unconstitutional and mandated compensation for those who suffered under its cruel provisions.
Kishida, acknowledging the immense suffering inflicted upon the victims, expressed deep remorse and took responsibility for the actions of the government, stating, “The responsibility of the government as the enforcer of the eugenics law is extremely heavy. I express my heartfelt apology, representing the government.” He bowed to a group of victims gathered at his office in Tokyo, further demonstrating the sincerity of his apology.
The Eugenic Protection Law, enacted in 1948, aimed to prevent the birth of “inferior descendants” by sterilizing individuals with mental or physical disabilities, hereditary disorders, or conditions like leprosy. While the law allowed for both voluntary and involuntary sterilizations, the reality was far from voluntary. Numerous individuals were coerced or pressured into undergoing the procedures, with some even subjected to physical restraint, anesthesia, and deception during operations, as per a 1953 government notice. This law remained in effect until 1996 and resulted in the forced sterilization of at least 25,000 people, with around 16,500 victims not consenting to the procedures.
The concept of eugenics, introduced to Japan in the late 19th and early 20th centuries, had a profound influence on the country’s policies on public health and population control. This ideology, promoted through international influences, emphasized the notion of “pure blood” as a marker of the unique identity of the Yamato people, contrasting it with “mixed blood.” This movement, fueled by long-standing beliefs in racial purity and monoculture, gained significant popularity in Japanese society.
The initial eugenic ideas were more about maintaining the purity of the native population against outsiders than about modern scientific ideals. Prominent figures like Yamanouchi Shige, trained under American eugenicist John Merle Coulter, played a crucial role in the early development of Japanese eugenics. Shige promoted a blend of Lamarckian and Mendelian theories, aiming to genetically enhance the Japanese race to compete with the dominant Western races of the time.
Eugenics in Japan was tightly intertwined with nationalism and empire-building, as identified by Jennifer Robertson of the University of Michigan. She recognized “positive eugenics” (promoting healthy reproduction) and “negative eugenics” (preventing reproduction among those deemed unfit) as core components of this movement.
Eugenics policies gained momentum in the 1920s and 1930s, leading to the promulgation of the National Eugenic Law in 1940. This law initially limited compulsory sterilization to inherited mental diseases and promoted genetic screening. After World War II, the law was expanded with the Eugenic Protection Law of 1948, which remained in effect until it was replaced by the Mother’s Body Protection Law in 1996.
The fight for justice began in earnest in 2018 when a woman in her 60s sued the government over a sterilization procedure performed on her at the age of 15. This case opened the floodgates for similar lawsuits across Japan. By 2019, 39 people had filed lawsuits in 12 district courts, seeking compensation and acknowledgment of the injustices they endured. The July 3 Supreme Court ruling marked a pivotal moment in this struggle, not only declaring the law unconstitutional but also rejecting the application of a 20-year statute of limitations that had previously prevented some victims from seeking compensation.
The court emphasized that the statute of limitations should not apply to cases involving the eugenics law, calling its application “intolerable” and “an abuse of power.” This landmark ruling mandated compensation for victims and set a precedent for ongoing legal battles.
The 2019 government compensation of 3.2 million yen (around $20,000) per victim was deemed insufficient by campaigners and plaintiffs. In the landmark ruling on five lawsuits, the Supreme Court awarded victims between 11 million yen ($69,500) and 16.5 million yen, with 2.2 million yen awarded to spouses of deceased victims.
Kishida has pledged to establish a scheme to provide “sufficient and appropriate” compensation, taking into account the court’s ruling. He committed to resolving the issue swiftly, stating, “I have instructed (the relevant people) to reach a conclusion as soon as possible on the form of compensation. I will do everything in my power to resolve the issue as quickly as possible.”
Compensation would extend not only to the victims but also to their spouses. During a meeting with victims, an 81-year-old plaintiff, using the pseudonym Saburo Kita, expressed dissatisfaction with the ruling and urged the government to “firmly take responsibility.” Another plaintiff, Kikuo Kojima, recounted his traumatic experience of being forcibly sterilized at the age of 19, saying, “I will never forget that.”
This apology and the Supreme Court ruling mark a significant step towards acknowledging the immense suffering inflicted upon the victims and their families. It remains crucial for the government to ensure that the compensation provided is sufficient and that the issue of forced sterilizations is addressed comprehensively, ensuring that such horrific injustices never occur again.