優生保護法に奪われた人生を取り戻す裁判 State Compensation Litigation under the Old Eugenics Protection Law
日本に約25年前まであった優生保護法により、国から「子供を産んではいけない」と言われ、本人の同意なく強制的に不妊手術を受けた人たちがいます。「不良な存在」として尊厳を傷つけられた被害者たちが、国に対して謝罪と補償・差別の是正を求めて起こした裁判の、裁判費用を集める支援プロジェクトです。 Only about 25 years ago in Japan, there was a law called the Eugenics Protection Law. It is a proceeding to apologize and compensate the victims and to correct discrimination.
People who were made into bodies that could not give birth without being informed of anything
Experience of Junko Iizuka (pseudonym)
At the age of 16, Mr. Iizuka was taken to the clinic when his wife, who had lived and worked, said, "I'm going out, so come along." Unconsciously, an operation was performed when he noticed it, and he later happened to hear his parents' conversation and learned that it was a sterilization operation. Mr. Iizuka did not actually have a disability, but he was operated on because he was considered to have an intellectual disability. Mr. Iizuka spins words to supporters and the media while enduring the painful feelings at the debriefing session every time the proceedings are due.
"I've always wanted to die for about 60 years since surgery. I still want to die."
Even though I wanted a child, when I was 16 years old, an operation performed without consent made my child unable to do so. The divorce has been cut out because he couldn't tell his marriage partner about it and couldn't have children. At that time, I had no idea that it was an operation performed by a law made by the country.
Immediately before Mr. Iizuka's father died, a letter written with a trembling hand said, "I was forced to stamp my seal. It was done in accordance with the Eugenics Protection Law." For the first time, Mr. Iizuka learned that the forced sterilization he was given was based on the law. Since then, Mr. Iizuka has been asking the government for apology and compensation for more than 20 years, but the "exclusion period" (Article 724 of the Civil Code. Due to the wall of the rule that it will be extinguished) and the destruction of the related records by the local government, it was not possible to receive an apology or decent remedies.
Experience of Mr. Kita Saburo (pseudonym)
Mr. Kita had no physical or mental disabilities, but because of his poor behavior, the doctor told him to take it because there was something wrong with him, and he underwent sterilization. Since misconduct is based on intellectual disability, forced sterilization was performed based on the Eugenic Protection Law under the administrative policy that eugenic surgery must be thoroughly performed.
After getting married, Mr. and Mrs. Kita wanted a child, but they couldn't. In 2013, Mr. Kita cuts out to his wife.
"There is a secret I've kept hidden for a long time. When I was 14, I had an operation that made my child unable to do it. I'm sorry I've been betrayed until now."
Mr. Kita bowed while crying. My wife did not blame Mr. Kita and replied, "I will eat rice well." This is the last conversation between Mr. and Mrs. Kita. Mr. Kita continued to suffer because he could not reveal the surgical wounds he had suffered until the end of his beloved wife. Then, in January 2018, I learned about the state redress lawsuit filed by Yumi Sato (a pseudonym) who underwent forced sterilization surgery, and for the first time, I learned that my surgery was also based on the Eugenics Protection Law. And he himself decided to hold the judiciary responsible for the country.
Experience of Yumi Sato (pseudonym)
Yumi Sato (pseudonym), who has a serious intellectual disability, is fighting a trial with her sister-in-law, Michiko Sato (pseudonym). Ms. Michiko has been living with Yumi for nearly 40 years as a sister since she married Yumi's older brother. Shortly after Ms. Michiko got married, when she went to a hot spring, she noticed that Yumi had a 20 cm long red-black, jagged, vivid surgical scar on her lower abdomen. Yumi's mother sadly confessed to Michiko that she had surgery to prevent her child when she was a teenager. Yumi continued to suffer from lower abdominal pain after sterilization. Due to sterilization, he developed an ovarian cyst in his late twenties and underwent surgery to remove the right ovary. In addition, the marriage was terminated because the child could not be born. Yumi was loved by her family, but at the government office, when Yumi's mother went to the welfare procedure, she was often discriminated against.
Ms. Michiko became aware of the existence of the Yusei Protection Law in February 2017, triggered by the activities of Ms. Junko Iizuka (above). For the first time, I learned that the surgery that Yumi had undergone was also considered "bad" by the government because of her intellectual disability, and she was forced to have no children. Ms. Michiko, along with Ms. Iizuka and her attorney, Koji Niisato, began activities to seek apologies and compensation from the national and prefectural governments. In the process, when Yumi requested information from the prefecture when she underwent sterilization surgery and received disclosure, even though Yumi's disability was acquired, she said, "hereditary. "Disease" was mentioned as the reason for the surgery. The Eugenics Protection Act does not even require parental consent during surgery in the case of hereditary disorders. Yumi may have been forced to undergo sterilization due to false information without even obtaining the consent of her parents.
Flow of trial so far (unconstitutional obvious but dismissal of claim)
On January 30, 2018, Yumi Sato (pseudonym), who underwent forced sterilization under the former Eugenics Protection Law at the age of 15, filed a lawsuit in the Sendai District Court seeking damages against the government. After that, Mr. Iizuka and Mr. Kita followed, and a total of 25 victims filed suit with 9 district courts and branches nationwide.
The May 2019 Sendai District Court ruling violates the reproductive right (the right to decide whether to give birth or raise a child) and the equal right of Article 14 of the Constitution, which the former Eugenics Protection Law respects as a personality right under Article 13 of the Constitution. He admitted that the old eugenics protection law was unconstitutional. I also admitted. However, if more than 20 years had passed since the damage was received, the exclusion period was applied and all the plaintiffs' claims for damages were dismissed. After that, the Osaka District Court, the Sapporo District Court, and the Kobe District Court handed down the judgments one after another, but all the judgments violated not only Article 13 and Article 14 of the Constitution but also Article 24, Paragraph 2 of the Constitution. Although he admitted that it was unconstitutional because of the above, the plaintiff's request was dismissed due to the lapse of the exclusion period.
Above all, at the end of the reading of the reason for the decision, Judge Takashi Hirose of the Sapporo District Court said, "I felt the life that I had been struggling with so far, and therefore I argued until just before whether I should accept (claim). , The art of war is thick and 60 years is too long, and this was the decision. " Among the reasons for the judgment, "The 20-year period prescribed in the latter part of Article 724 of the Civil Code defines the duration of the claim in order to establish the legal relationship over a certain period of time regardless of the victim's recognition. It is understood that it was stipulated uniformly (the highest judgment in 1989), and the application of such legal provisions is based on good faith (Civil Code, Article 1, Paragraph 2) and abuse of rights (Article 3, Paragraph 3). It is still hesitant to exclude based only on the extremely abstract concept of the idea of justice and fairness, which is not a general rule of law, even if the seriousness of the damage suffered by the plaintiff is taken into consideration. I have to say, "I applied the exclusion period. However, is it appropriate to formally apply the exclusion period to the complaints of victims who did not know that it was a forced infertility treatment by the government in the first place? The lawyers have argued that the exclusion period should not be applied in the first place, and that if it were, the starting point should be from the time the first plaintiff filed the complaint. Legal theories that can overcome the formal application of the exclusion period have been presented by lawyers themselves or with the cooperation of many scholars. Whether or not the court can make a decision to overcome the exclusion period by adopting this is attracting attention from home and abroad.
Some of the plaintiffs are older and have died while waiting for a legitimate judicial decision. Their regrets are immeasurable, as they have hurt their bodies, dignity and life, have not received decent apologies and compensation from the state, and have rejected their appeal to the judiciary. Currently, 24 victims and their families are on trial nationwide, but the number is extremely small compared to the number of victims (25,000) who are said to have undergone forced surgery. It is said that there are many people who cannot speak out, such as those who do not know whether they have been operated on due to intellectual disability or those who do not want to be known to others.
Outline of the law, what is eugenic thought?
The former Yusei Conservation Law (1948-96) was enacted in shifting the population policy from prewar "give birth and increase" to "quantity to quality" as a measure against food shortages after the war. Eugenic surgery was performed with the purpose of "preventing the birth of bad offspring from a eugenic point of view." According to the Ministry of Health, Labor and Welfare statistics, more than 25,000 people received it. According to the law, for persons with "hereditary" disorders, illnesses, intellectual or mental disorders, if a doctor applies to the Eugenics Protection Examination Board and is approved, forced sterilization will be performed without the consent of the person. It was said that it could be done, and even if it was not hereditary, it could be operated with the consent of the guardian. Looking at the plaintiffs' example, they have been diagnosed as "hereditary" and have been operated on, although they are actually different. Regarding the surgical method, even if they refused, they were allowed to use physical restraints and medicines, and to deceive them into surgery for other illnesses.
Even if victims have complained about the damage for more than 20 years, and groups seeking apology for eugenic surgery, women's groups, groups of persons with disabilities, etc. have worked domestically and internationally for apology, compensation and investigation, the government will respond at all. Did not do. In March 2016, the United Nations Committee on the Elimination of Discrimination against Women recommended to Japan, which was taken up by the Diet, and finally the interview between the victim and the Ministry of Health, Labor and Welfare staff began, but the government said, "It was legal at that time. I will not apologize or compensate. " Under such circumstances, Mr. Iizuka filed a petition for human rights relief with the Japan Federation of Bar Associations (Japan Federation of Bar Associations), and in 2017, the Japan Federation of Bar Associations said, "The former Yusei Protection Law is unconstitutional, and compensation for victims is appropriate. The statement of opinion stating, "Requesting such measures," led to the nation's first lawsuit.
As a result, on April 24, about a month before the Sendai District Court decision was issued, the "Law Concerning Payment of Lump-sum Payments, etc. to Persons Who Have undergone Eugenic Surgery, etc. Based on the Old Eugenic Protection Law" was enacted. However, the content was extremely inadequate. The law only provides for a low lump sum payment of 3.2 million yen, and the subject of the apology is not the "country." The number of applications is still small, as the measures to inform the victims have not been thoroughly implemented. The content is completely inadequate compared to the Special Measures Law enacted after the 2001 Kumamoto District Court's decision on the Hansen's disease proceedings (a law that apologizes for isolation measures for Hansen's disease patients and provides compensation for victims). increase.
Proceedings against discrimination and prejudice that persist in Japan
Around the country, victims, lawyers, student groups and volunteers from the general public are fighting together in this nationwide state redress proceeding. Eugenic ideas and discrimination against persons with disabilities, which are rooted in society under the Eugenic Protection Law, still dominate this society. This is not just a problem that applies only to victims of eugenic surgery under the Eugenic Protection Act, but a problem for society as a whole.
It goes without saying that people born with handicaps are still in a difficult social position, but many people measure the value of people's lives by their specific abilities and productivity. I have a hard time living. This is due to the eugenic thought rooted in society under the Eugenic Protection Law. We want to change this kind of society through the eugenics protection lawsuit. That is why people of all ages, from students to the elderly, are fighting together all over the country.
The Eugenics Protection Law is the worst issue in Japan's policy for persons with disabilities, and the whereabouts of the former Provincial Protection Law Proceedings will affect the human rights level of persons with disabilities in the future in Japan. Katsunori Fujii, who testified at the Kobe District Court, said that he was guilty of the Yusei Protection Law.
(1) The inheritance of the life of one person was cut off and the possibility of life was taken away. (2) The false view of the disabled was established, the eugenic thought was endorsed, and discrimination was legislated. Played a role as the basic law of related legislation
I have decided. We would like to clarify many of the crimes committed by the Eugenics Protection Law in the proceedings and correct the mistakes. To that end, the proceedings in this proceeding must face the social structure of discrimination created by the Eugenics Protection Act and encourage its transformation.
The path of the defense team that has reached the 8th station and the future path
The former eugenics protection law proceedings filed nationwide have been constructed by lawyers and scholars to overcome the barriers of the exclusion period. Although unconstitutional judgments and dismissals of claims have been repeated, Koji Niisato, the head of the Sendai defense team, said that he had reached the 8th station when the Sendai District Court made the first unconstitutional decision in Japan. After the appeal hearing, the lawyers will continue to sharpen their claims to overcome the exclusion period in order to go further than the 8th station and seek relief for the victims.
The exclusion period should not be easily applied to human rights violations caused by the application of unconstitutional laws by the state. The lawyers will be responsible for future "public proceedings" by posting the trajectory of the defense team's struggle in the "human rights trial" against the enormous human rights violations by the government on the CALL4 site as a written archive. I hope it will be a source of food for the people.
Use of donations
The donations for this cloud funding include legal proceedings costs for lawyers nationwide (postage stamps, requests for writing opinions from legal scholars, writing and evidence preparation, printing costs, mailing costs, etc.), and public relations costs (pamphlets). , Report meeting materials preparation costs, venue costs, etc.), transportation costs (plaintiffs and lawyers' travel costs), accommodation costs (listening to distant victims and lawyers appearing in distant courts, etc.), communication costs (consultation telephone) , News mail stamp fee) will be used. We assume not only the actual costs of litigation activities by lawyers, but also the costs of public relations activities. It is an activity necessary to make many people aware of the issue of this eugenics protection law and to create a society without discrimination. Thank you for your support.
First of all, we set the target amount of 1 million yen as the minimum line necessary for fighting the appeal trial, but since it is a proceeding that needs to fight to the Supreme Court, the amount as the next step will be further increased after the target amount is achieved. I would like to set it.
This case is sponsored not only by lawyers but also by students and citizen volunteers. Citizens who seek relief for victims of the former Eugenics Protection Act and fight the discrimination created by the law.
● Former Yusei Conservation Law Sendai Lawyers
In August 2013, Koji Niisato, a lawyer who was consulted by Junko Iizuka, a victim of forced sterilization based on the former Yusei Protection Law, is playing a central role, regardless of gender, from young to veteran. At first, Niisato and other lawyers did not understand the contents of the "Former Eugenics Protection Law" as a historical story. However, the more I heard directly from the victims of the former Eugenics Protection Law and learned about the contents of the former Eugenics Protection Law, the terrible operation of the administration, and the actual situation of the damage, the more I felt angry at the eugenics policy implemented by the government. In the wake of the Sendai proceedings, victims from all over the country raised their voices, and 25 people filed suit in 9 district courts and branches. Attorneys have been formed in various places, and we are working with the Supreme Court in cooperation with the victims' support groups.
● Miyagi no Kai walking with eugenic surgery victims
Our association was formed on January 30, 2018, when the victims of eugenic surgery under the former Eugenic Protection Law filed the first national lawsuit in the Sendai District Court. This is because we must not turn our eyes away from the fact that the terrible discrimination and human rights violations caused by national policies have been neglected for many years.
In addition, the ordering of the value of life and the delineation due to the social pressure of "people who should give birth / people who should not give birth" are not a thing of the past. We are facing the problems of our society today.
We have accompanied the victims' struggle for national apology and compensation, as well as learning about the history of eugenic surgery damage and creating a place to listen to the voices of the parties. Through this crowdfunding, we would like more people to know about the damage caused by the former Eugenics Protection Law. We aim to realize a community where each person's life and life are respected by thinking together in their daily lives.
● "Project to confront unfair judgments in compulsory infertility proceedings"
This is a group of students that was established in response to an unfair judgment by the Sendai District Court on May 28, 2019. The mother organization is the Tohoku University Alumni Association official circle "Salon that connects academics and society", and is mainly active in Tohoku University students. Through signing activities, hearings at trials, study sessions, and participation in anti-discrimination events in the prefecture, we aim to win the case in this trial and to create a society that overcomes eugenic ideas and discrimination beyond that. I would like to expand the activities of the younger generation throughout the country.
Through crowdfunding, we hope to increase the number of people who are interested in this issue and speak out with them. The trial is still going on. I would like to use it as a force to move forward little by little. Thank you for your cooperation.
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