Japan Initiates Compensation for Victims of Forced Sterilization
The Japanese government has launched a new initiative aimed at compensating individuals who were subjected to forced sterilization surgeries under a historical eugenics protection law, which has since been abolished. This initiative is part of a broader effort to address the grievances of those who have not participated in legal actions against the state.
This development follows the enactment of a law that seeks to provide reparations to victims of what is widely recognized as one of the most significant human rights violations in Japan's postwar history. Under the new compensation framework, individuals who underwent forced sterilization between 1948 and 1996 will receive 15 million yen (approximately $96,700), while their spouses will be entitled to 5 million yen. Additionally, individuals who were compelled to undergo abortion procedures will receive a one-time payment of 2 million yen.
Government statistics indicate that around 25,000 people were sterilized under the eugenics law, with 16,500 cases occurring without the consent of the individuals involved. Furthermore, there were approximately 59,000 documented instances of abortion procedures performed under this law, with estimates suggesting that over 23,000 of the victims are still living today.
Since 2018, a total of 39 individuals have filed lawsuits across the country seeking compensation from the government. However, many potential claimants remain silent due to fear of stigma or a lack of awareness regarding their past sterilization. Legal representatives have noted the challenges faced by these victims in coming forward.
In a recent meeting with some of the plaintiffs, Prime Minister Shigeru Ishiba expressed deep remorse for the suffering caused by the government's past policies and assured the victims that they would receive the compensation owed to them.
On the same day, Japanese newspapers published a government advertisement formally apologizing for the historical injustices associated with the eugenics protection law and acknowledging the responsibility of the legislative body that enacted it.
Passed by a bipartisan group of lawmakers, the law came into effect in October 2024, shortly after the Supreme Court declared the eugenics protection law unconstitutional, mandating that the state compensate the victims. The law explicitly states that both the parliament and the government 'deeply apologize' for the eugenics program.
The compensation process will be initiated upon request from victims or their families, with a deadline for applications set for January 16, 2030. In cases where a victim of sterilization has passed away, the compensation will be directed to their children, grandchildren, or siblings.
Notably, the compensation amounts offered under this new law are significantly higher than the one-time payment of 3.2 million yen that was provided to victims under a separate law enacted in 2019. To facilitate a swift compensation process without the need for litigation, a board within the Children and Families Agency will oversee the assessment of damages.
Victims seeking compensation will have access to free legal consultations to assist them in preparing the necessary documentation, including medical certificates confirming that they underwent sterilization procedures.
In a landmark ruling in July 2024, the Supreme Court determined that the statute of limitations of 20 years for unlawful acts does not apply to cases related to the eugenics law, thereby allowing more victims the opportunity to seek justice and compensation.
