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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