Thursday 1 March 2018

Forced sterilisation in Japan AKA kulazimishwa kutozaa

     On 30th of  Jan, a woman (her alias name is  Yoko Sato)  in her 60s with intellectual difficulties brought her case to court to ask for an apology and compensation because she was  sterilised forcibly by the govenment when she was 15.          This is the first lawsuit in Japan for  the forced sterilisation without consent.   I believe it is a big step forward.     For  more than  twenty  years, some survivors including Junko IIzuka  (alias name)  who brought her human rights case to  the Japan Federetion of Bar of Associations in 2015) , have asked for an apology and compensation. However, the records  seem to have been  destroyed and not found in hospital nor in the  local governments.        It was too difficult for survivors to move to  the lawsuit without such records.   The Japanese government has been inactive in finding,keeping and disclosing the records of sterilisation.        Last year,a woman in her 60s (Yoko Sato) and her family (Michiko Sato)  contacted  Mr. Niisato, a lawyer who  supported  Ms. IIzuka  to bring  human rights case to the Japan Federation of Bar Associations.     Fortunately, some records were kept in Miyagi prefectual government which proved  Ms. Sato was sterilised under the Eugenic Law.   It is the first case in which records of survivors  who spoke up were discovered.       In these kinds of lawsuits, the documents for evidence were  owned and kept  by governments, which made it difficult for survivors to sue.      The Japanese government has been ignoring  the matter  even though  UN Human Rights Comittees have already issued recommendations for compensation  several times since 1998.     After Ms.Sato brought  her case to court, the media such as newspapers and internet news    began  to broadcast about forced sterlisation under the Eugenic Law.   Some documents discovered by journalists  show an active role by the Ministry of Health  in implementation of the Eugenic Law.    The government's attitude is slightly  changing now.  Some in the government  think  they cannot  ignore the matter any longer.     It is good but at the same time,  I am very afraid of how the compensation framework will be made.     I think involvement of survivors is critical when the compensation framework  is  made because the process of involvement is effective for recovery of survivors.But it is not certain.    To what extent must victims be covered?  Inmates of the institutions for Hansen disease  were asked to sign the consent of sterilisation when they got married. They agreed but they had no options.     The most important thing is we have to change the system so as not to happen again.   To do so, it is necessary to investigate deeply why and how the matter happened.         I would like to know how the compensation programmes are done in other   countries  which compensation programme has been made already and what is the best way.    If  there is anyone who has good knowledge  about the compensation practice for survivors, please let me know. Naoko Kawaguchi  The  followings are news articles on the matter.    https://www.youtube.com/watch?v=Va49ZEzneV Japan TImes   https://www.japantimes.co.jp/news/2018/01/30/national/crime-legal/woman-sues-government-japan-forced-sterilization-scrapped-eugenics-law/#.WnJyzojFKUk  BBC         http://www.bbc.com/news/world-asia-42877227  BioEdge     https://www.bioedge.org/bioethics/first-compensation-claim-for-compulsory-sterilisation-in-japan/12578  Followings are related Articles  ■Documents on sterilizations of people with disabilities found in Kanagawa YOKOHAMA -- Official documents recording the reasons and other backgrounds for a… (2017/11/18) https://mainichi.jp/english/articles/20171118/p2a/00m/0na/020000c ■Kobe hospital under fire for publication submission lauding past forced sterilizations KOBE -- Hyogo Prefectural Kobe Children's Hospital is under fire from over 45 or… (2017/11/1) https://mainichi.jp/english/articles/20171101/p2a/00m/0na/018000c ■Official docs support disabled woman's claim about 1972 forced sterilization SENDAI -- A woman with an intellectual disability is thought to have undergone f… (2017/7/27) https://mainichi.jp/english/articles/20170727/p2a/00m/0na/016000c ■Lawyer group seeks gov't apology, redress for victims of former sterilization law The Japan Federation of Bar Associations disclosed a written statement on Feb. 2… (2017/2/23) https://mainichi.jp/english/articles/20170223/p2a/00m/0na/009000c ■UN committee urges Japanese gov't to compensate forcibly sterilized disabled women The United Nations' Committee on the Elimination of Discrimination against Women… (2016/3/14) https://mainichi.jp/english/articles/20160314/p2a/00m/0na/017000c ■Disabled Japanese women headed to Geneva to testify on mistreatment before U.N. Committee Kumiko Fujiwara of Kobe, Hyogo Prefecture, is one among many Japanese women with… (2016/2/5) https://mainichi.jp/english/articles/20160205/p2a/00m/0na/015000c

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