Mainichi Shinbun (morning edition) March 17, 2023
This is my private translation from the paper
Second trial for forced sterilization: The government lost again.
Sapporo High Court: No application of exclusion period
The Sapporo High Court ruled on March 16 that the former Eugenic Protection Law (1948-96) was unconstitutional and awarded the government 16.5 million yen in damages in a lawsuit filed by Kikuo Kojima, 81, of Sapporo, who claims that he was forced to undergo sterilization under the law. The high court reversed a January 2021 ruling by the Sapporo District Court, the court of first instance, which dismissed the claim on the grounds that the right to claim compensation expires after 20 years from the date of the tortious act. Judge Yuko Otake stated that the degree of human rights infringement in the surgery was "severe," and that the application of the period of exclusion was limited because it was "extremely contrary to the principles of justice and fairness.
This is the third case of a second instance of a similar lawsuit, following the Osaka High Court and the Tokyo High Court, in which the high court ruled in favor of the government.
According to the complaint, Kojima was admitted to a mental hospital in Sapporo around 1960, when he was 19 years old, after his relationship with his family deteriorated and his life became unstable. Without a doctor's examination, she was diagnosed as having schizophrenia (now known as schizophrenia) and sterilization was forced on her without her consent.
The court ruling stated that the former law was "unacceptable under the Constitution, which is based on the fundamental principle of individual dignity. It criticized the legislation as having been enacted for "extremely inhumane purposes. The court ruled that the surgery violated Article 13 of the Constitution, which guarantees the right to the pursuit of happiness, Article 14, which stipulates equality before the law, and Article 24, which stipulates the formation of a family.
With regard to the exclusion period, he pointed out that even after 1996, when the discriminatory provisions of the old law were removed, no relief for damages was provided until the Lump-sum Benefits Law was enacted in 2019. The court found that the state prevented the plaintiffs from obtaining the information necessary to exercise their right to claim damages, and did not apply the law.
In contrast, the one new judgment applied the exclusion period starting from the time of Kojima's surgery. It held that the right to claim compensation was extinguished around 1980.
In response to the ruling, the Ministry of Health, Labor, and Welfare (MHLW) commented, "We will examine the ruling closely and take appropriate action after consulting with the relevant ministries and agencies.
Tears of happiness" at the reversal of the court decision
Ms. Kojima, the plaintiff, was the first to file a lawsuit under her own name.
The Sapporo High Court ruled in favor of the plaintiffs in a lawsuit over forced sterilization under the former Eugenic Protection Law, following rulings by the Osaka and Tokyo High Courts on March 16. In response to the ruling, the plaintiffs urged the court to abandon their appeal, saying, "The government should reflect on the inhumane acts it has committed.
Immediately after the ruling, plaintiff Kikuo Kojima, 81, of Sapporo, held up a piece of paper in front of the High Court that read "Victory" in his own words. He mumbled, "I'm so happy," and his wife Reiko, 80, gently wiped away his spilled tears. I am so happy," he said. They looked at each other and shared their joy.
Mr. Kojima was 19 years old when he underwent the surgery. When he returned home from an outing, he was handcuffed by a police officer who was waiting for him and taken to the hospital. He was forced to undergo the surgery after being told in an unreasonable manner, "If people like you have children, it will be opium. I resisted, but they forced me to take off my underwear and pinned my arms and legs.
He became a cab driver at the age of 21 and married Reiko at 38, but for a long time he could not tell her about the surgery. Every time he picked up a family in his cab, his heart ached, saying that he would never be able to have children. It was only after a woman in Miyagi Prefecture filed the nation's first lawsuit over forced sterilization in January 2018 that he was able to tell Reiko about the surgery.
In May of the same year, Kojima-san became the first person to file a similar lawsuit, revealing her real name. When she decided to file the lawsuit, the faces of people who had been hospitalized at the same hospital where she had undergone the surgery came to mind. He thought, "If I reveal my name, maybe they will notice.
After losing the case in the first instance, in late February, just before the second trial, he began to adopt a female cat. The cat injured her right leg in a car accident and has been sterilized. Kojima himself has a disability in his right leg, and he feels that the cat "looks just like him. He named her "Kanako" in the hope that her wish would come true.
At a press conference after the verdict, Kojima said, "I couldn't sleep last night wondering what would happen (with the verdict). On the 28th, a rally will be held in Tokyo to seek an early and full resolution of the Eugenic Protection Law issue. Kojima said, "At the rally, I would like to ask the prime minister for a sh pill and appeal to him so that the country will never do such a thing again.
