In a lawsuit filed by an 81-year-old man in Sapporo City against the government for being forced to undergo sterilization under the former Eugenic Protection Law, the Sapporo High Court in the second instance reversed the judgment of the first instance that rejected the lawsuit and ordered the government to pay 2.1 million yen. This is the sixth judgment ordering the state to pay compensation in a series of trials.
Kikuo Kojima, an 81-year-old resident of Sapporo City, filed a lawsuit against the government five years ago, claiming that he was forced to undergo sterilization on the grounds of mental disorder under the former Eugenic Protection Law, depriving him of the freedom to bear and raise children guaranteed by the Constitution.
In January, the court rejected the lawsuit, stating that the provisions of the law violate the Constitution, but that the right to seek compensation from the state has already expired.
In the judgment of the second trial on the 60th, the presiding judge of the Sapporo High Court, Yuko Otake, revoked the judgment of the first instance and ordered the government to compensate 5.1 million yen.
In similar lawsuits filed nationwide, the court initially ruled against the lawsuit, but since the Osaka High Court granted the appeal for the first time in February last year, there have been judicial rulings ordering the government to compensate all but one case, and this is the sixth case, and all appeals have been accepted at the high court stage in the second trial.
Both courts have ordered compensation in an amount much more than the lump-sum payment of 1.16 million yen under the national bailout, and it is expected that calls for a review of the relief system will increase.
Ministry of Health, Labour and Welfare "Carefully examining the contents of the judgment and responding to it"
Regarding the Sapporo High Court's ruling, the Ministry of Health, Labour and Welfare commented, "We recognize that the government's claim was not recognized, and we will respond appropriately after scrutinizing the contents of the judgment and consulting with the relevant ministries and agencies."