FORCED STERILISATION: JAPAN’S DARK HISTORY
Little known to the public - there is a dark history of forced sterilisation in Japan. Spanning nearly five decades from 1948 to 1996, this chapter in Japan's post-war history targeted individuals deemed unfit to reproduce, including those with disabilities, mental illnesses, and other perceived "undesirable" traits.
Women march against an amendment to the sterilization law, 1972. Banner reads “We want a society where people can live! We want to give birth!”
July 4th 2024, Tokyo - Japan's Supreme court has finally ruled as unconstitutional the defunct eugenics law, under which approximately 25,000 people in Japan underwent forced sterilisation between 1948 and 1996. Japan introduced the Eugenic Protection Law in 1948,under the belief it would prevent the birth of “inferior” children during post-war food shortages. Modelled on similar laws from Nazi Germany, the policy saw individuals with learning difficulties, mental illness or physical disabilities sterilised without consent. Now the Japanese government is supposed to pay millions of yen to the victims of the now-defunct state sterilisation programme.
This Wednesday, 11 victims, who were suing in five cases were heard on appeal, bringing their decades-long fight for justice to an end. Gata digged to find more details on these inhumane procedures, as much remains hidden by the government.
Even two nine-year-olds were sterilised in Japan under its post-World War Two eugenics law, a parliament report has revealed. The intention was to prevent individuals deemed as a burden society from having children.
According to official records, approximately 25,000 people in Japan underwent forced sterilisation or were coerced into abortions under the Eugenic Protection Law. These procedures were performed without the consent of the victims, highlighting the systematic abuse of power and disregard for individual autonomy. Those who apparently consented, were de facto forced into accepting this procedure - voluntary is not the word to use. Among the victims, the youngest known individual subjected to forced sterilisation was only nine years old, underscoring the deeply unethical nature of these practices.
sterilisation instruments
Reports and testimonies have revealed how many victims were deceived about the nature of the procedures they were undergoing, with some being falsely informed that they were receiving treatment for unrelated medical conditions, such as appendicitis. In other instances, women were advised to undergo hysterectomies (the surgical removal of the uterus and cervix) which were illegal under Japanese law, under the guise of managing menstrual difficulties. Often these sterilisations had been performed not by tying up the fallopian tube but by hysterectomy, because the purpose of the surgery was not only sterilisation but also stopping menstruation in order to make the care of the inmate women easier. To stop menstruation, either the ovary or the womb need to be removed, but since taking the ovary causes "loss of femininity," physicians preferred taking the womb "on the patient's behalf." This procedure was illegal, because only sterilization "without removing reproduction grands" was deemed lawful. Indeed, most of the involuntary sterilisations were performed on inmates of psychiatric hospitals and institutions for intellectually disabled people. In 1996 at a public meeting in Osaka a woman with cerebral palsy told her story of being sterilized by radiation. She was required to be sterilized to enter an institution, and she could not refuse it under the pressure by her parents and employees of the institution.
SEEKING JUSTICE
A group representing the plaintiffs marches towards the court.
Against these inhumane sterilizations, people with disability and their advocates have protested to the government over the years, but gained little public attention. But when the forced sterilization in Sweden was reported internationally at the end of August 1997 and the Swedish government apologized, protesters were very much encouraged. On September 16, dozens of interested persons and 17 groups of women, people with disability, employees of institutions, lawyers, and researchers, sent representatives to the Ministry of Health and Welfare to meet officials and demanded from the government: (1) an official apology to all those who were forcibly sterilized and those who were insulted by being called "inferior descendants" under EPL, and consideration for compensation; (2) an investigation into the historical facts by setting up the special investigation committee, in order to make public the infringements of basic human rights of people with disability and to find the necessary and proper form of apology and compensation, without infringing the privacy of the victims; and (3) an investigation into the facts of illegal hysterectomies of women with disability not only in the past but also at present, and proper measures to prevent such a practice and to give relief to the victims, respecting their rights and the privacy.
In recent years, survivors and advocacy groups have sought justice and recognition for the atrocities committed under the Eugenic Protection Law. Legal challenges have been instrumental in challenging the validity of the law and holding the government accountable for its role in perpetuating discrimination and human rights violations.
In February 2023 when the Osaka High Court overturned a lower court ruling, ordering the Japanese government to pay damages totaling 27.5 million yen ($239,660). This landmark ruling not only provided financial compensation to the victims but also condemned the former law as "inhumane" and fundamentally unjust. Importantly, the court decision challenged the application of the statute of limitations, recognizing the systemic barriers that prevented victims from seeking legal recourse earlier.
The revelation of Japan's forced sterilization program has sparked international condemnation and scrutiny, prompting the government to address its historical injustices more openly. Advocacy efforts within Japan and abroad have raised awareness about the enduring impact of forced sterilization on survivors and their families, fostering dialogue about disability rights and social justice.
A victim of the eugenic law recalls the procedure.
While legal victories represent progress towards accountability, challenges remain in addressing the stigma and trauma inflicted on victims and their communities. Comprehensive support services, including medical, psychological, and social assistance, are essential in supporting survivors and promoting their dignity and well-being.
Efforts to educate the public, preserve historical memory, and prevent future human rights abuses are critical components of Japan's journey towards reconciliation. The commitment to upholding human rights and dignity for all individuals, regardless of disability or background, remains central to fostering a more inclusive and equitable society.
Japan's acknowledgment of its dark legacy of forced sterilization marks a pivotal moment in its history. As the nation confronts its past, ongoing efforts to support survivors, educate the public, and advocate for human rights serve as crucial steps towards healing and justice. The global community bears witness to Japan's efforts to right past wrongs and ensure a future where human rights are upheld and respected without exception.