篇名

日本舊「優生保護法」北海道訴訟【寰宇醫事裁判】   免費試閱

並列篇名

The Litigation in Hokkaido Against the Old Eugenic Health Law in Japan

中文摘要

日本為求二戰後加速復甦,基於優生學概念而制定優生保護法,即本人或配偶患有遺傳性精神疾病、身體疾患或畸形,僅醫生認有必要則可強制絕育。事實上有許多受害者因可見的非遺傳性身體殘疾或家庭經濟不佳而被迫結紮,故受害者們於2018年陸續提起國賠訴訟,隔年仙台地方法院裁定優生保健法違憲。本件原告A因幼時高燒而智能障礙,與原告B婚後於1981年懷孕。原告主張B之弟媳C以智能障礙為由,迫A簽署人工流產同意書並同時施行絕育手術。札幌地方法院對比證詞後認為,原告並未提出醫生意見書或手術痕跡照片等證據,不能證明A於人工流產時,亦同時施行絕育手術;又事發時C尚且嫁入僅足1年,並無主導A進行絕育手術之地位;且無有力證據證明,人工流產手術是未經A同意。故法院駁回原告之訴。

英文摘要

Being based on the eugenics, Eugenic Health Law in Japan had been made to accelerate the recovery after the World War II. According to it, the compulsory sterilization could be happened to the one side of a spouse who suffered from the hereditary insanity, physical illness or deformities, only with the necessity confirmed by a physician. Actually, many victims was forced to be sterilized because of visible non-hereditary physical illness or the poor family financial situation. They held the litigations for the state compensation one after another since 2018. Sendai District Court determined in the next year that Eugenic Health Law it against Constitution. The plaintiff A in this case has mental retardation due to high fiber in the childhood and got pregnant with the plaintiff B after getting marriage in 1981. The plaintiff argued that A was forced to sign the latter of consent for the sterilization due to the mental retardation of C, B’s sister-in-law. After confirming the testimonies, Sapporo District Court found that the plaintiff didn’t offer any evidence like the opinion from physicians or the pictures for the surgeries, nor could prove that A had accepted the sterilization during the abortion. Besides, it had been only one year that C got marriage and it could be no role for A to get the sterilization. Furthermore there was no powerful evidence that the abortion was practiced without A’s consent. Therefore the court rejected the litigation the plaintiff held.

起訖頁

110-115

出版單位
DOI

10.53106/241553062021070057008  複製DOI  DOI查詢

QRCode

數位整合服務
產品服務
讀者服務專線:+886-2-23756688   傳真:+886-2-23318496   地址:臺北市館前路28號7樓

Copyright © 元照出版 All rights reserved. 版權所有,禁止轉貼節錄
TOP