On the 23rd, the Kumamoto District Court handed down a ruling in which two men and women in their 70s in Kumamoto Prefecture sought compensation from the government for being forced to undergo sterilization under the former eugenics protection law.
The lawsuit was filed by a 78-year-old man and a 76-year-old woman living in Kumamoto Prefecture.
In the 1950s and 1970s, the two complained that they were forced to undergo sterilization operations under the former Eugenic Protection Law on the grounds that they or their families had disabilities, and that they suffered serious human rights violations. I am seeking compensation.
In the trial, a major point of contention was whether or not a "disqualification period", in which the right to seek compensation expires after 20 years from the tort, was applied.
The plaintiff claimed that it was difficult to file a lawsuit due to discrimination and prejudice, but the government requested that the lawsuit be dismissed, claiming that 20 years had passed since the operation when the lawsuit was filed.
In this trial, the Kumamoto District Court will deliver a judgment at 2:00 pm on the 23rd.
Similar trials have been filed in 10 courts across the country, and while the first trial ruled that the former Eugenic Protection Law was unconstitutional, the rulings continued to reject the lawsuits on the grounds of the application of the exclusion period, but in the second trial. The high courts in Osaka and Tokyo have ordered the government to compensate, and the judicial decisions are divided.
This is the first judgment in a Kyushu court, and attention will be paid to what kind of judgment the Kumamoto District Court will make.
Plaintiff "Make a sensible decision to recognize the responsibility of the country"
One of the plaintiffs, Azumi Watanabe (78), who lives in Kumamoto Prefecture, has had problems with her legs and other parts since she was a child due to osteoarthritis. It is said that he was forced to undergo sterilization at a hospital where the doctor did not explain.
When she was in junior high school, her mother revealed that the operation was sterilization, but for many years she was unable to disclose her surgery.
Twice she had even considered marrying a woman she dated, but both times she broke up with herself because she thought she couldn't have children.
She said that in the midst of all this, she was mentally cornered, to the point that she considered suicide.
She has also suffered physically as a result of her surgery she developed hormonal imbalance and "osteoporosis" which made her bones brittle.
And five years ago, when she saw the news of the lawsuits filed by those who underwent forced surgery, she learned that there was a move to sue the country, and she filed a lawsuit herself.
In the trial, a major point of contention is whether or not a "disqualification period", in which the right to seek compensation expires after 20 years from the tort, is applied.
Regarding this, Mr. Watanabe said, ``The ``disqualification period'' is set by the government. I was talking to
On top of that, before the ruling on the 23rd, he said, ``I want you to show a sensible judgment that recognizes the responsibility of the country. rice field.
So far, two high courts have ordered the country to compensate
A total of 10 district courts and branches nationwide have so far filed lawsuits seeking compensation from the government for forced sterilization under the former Eugenic Protection Law.
Of these, in the first instance judgments handed down so far, the district courts of Sendai, Osaka, Sapporo, and Kobe have indicated that this law violates the constitution, but the lawsuit for compensation is limited to the ``exclusion period''. are all dismissed for reasons such as the application of
On the other hand, in the second trial last year, the high courts in Osaka and Tokyo ruled that it was unconstitutional and ordered the government to compensate.
From next month, by June, the first trial will be held in Shizuoka and Sendai, and the second trial will be held in Sapporo, Osaka, and Sendai.