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