In a case in which a hearing-impaired couple in their 70s living in Osaka sued the government alleging that they were forced to undergo sterilization under the old Eugenics Protection Law, the second instance, the Osaka High Court, dismissed the lawsuit. In return, he ordered the state to pay compensation. This is the ninth similar court decision in various regions ordering the government to pay compensation.
After the wife gave birth to their first son 50 years ago in 1974, a couple in their 70s living in Osaka Prefecture, both with hearing impairments, underwent sterilization under the old Eugenics Protection Law without any explanation from doctors or the mother. He filed a lawsuit seeking compensation from the government for what he was subjected to.
A year ago, the Osaka District Court of First Instance ruled that the former Eugenics Protection Act violated the Constitution, but since more than 20 years have passed since his wife was sterilized, he filed a lawsuit claiming that he no longer had the right to seek compensation. The rejected couple filed an appeal.
In the second instance ruling on the 26th, Osaka High Court Chief Justice Masaru Sakamoto ruled, following the first instance, that the former Eugenics Protection Act violates the Constitution.
Regarding the right to seek compensation, he pointed out, ``Due to social discrimination and prejudice against people with disabilities, the couple had difficulty accessing information to file a lawsuit.''
Furthermore, ``The plaintiff was refused a medical certificate proving that he had undergone eugenic surgery at more than 40 hospitals, making it impossible or extremely difficult to file a lawsuit.Finally, he obtained a medical certificate for the surgery.4 Contrary to the first instance, the state granted the couple's lawsuit and ordered the state to pay the couple a total of 13.2 million yen.
Similar lawsuits have been filed in various places, and since the Osaka High Court ordered the government to pay compensation for the first time in a separate case a year ago, nine judgments have been handed down, including this one.
Meanwhile, the Supreme Court decided last year to hear the five appealed cases in a full bench of all 15 judges, and it is expected that a unified decision will be reached.
Plaintiff: ``It feels like the fog has cleared''
The plaintiff, a woman in her 70s, held a press conference after the verdict and said through a sign language interpreter, ``It's been a tough battle up until now, but I feel like the fog has cleared and I'm very happy.I wish I had more children and raised them.'' I still feel that way. I would like to ask the government to apologize for what they did wrong."
Lawyer Keino Tsujikawa, representing the plaintiff's legal team, said, ``The judiciary showed the pride of the judiciary by carefully examining what was fair and fair in the face of what is said to be the greatest human rights violation in the post-war era, and by acknowledging the plaintiff's claim. It's a verdict.''
Children and Families Agency: ``We will examine the content of the judgment and respond appropriately.''
Regarding the Osaka High Court's ruling, the Children and Family Affairs Agency said, ``While we are currently reviewing the content of the ruling, we recognize that the government's claims were not accepted in this ruling. We will respond appropriately after consulting with the relevant ministries and agencies."