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Gov't demands dismissal of forced sterilization damages claim

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"We did something Nazies did. That's bad. Responsibility? Reimbursement? We are not Germans to be bound by such sophisticated policies, nay we are not. You got to move on. This money is better spent on, you know, LAND EMBEZZLEMENT"

This old gang is full of scum, them walking the same earth as us pains deeply.

16 ( +18 / -2 )

You don't have to reveal your biased view. It's a practice implemented in many developed nations.

forced surgical sterilization is not practiced in any developed nation i know of, you are misinformed.

this is one of the most barbaric practices i've ever heard of and the way the government of japan is handling the issue now, by trying to deny all responsibility and ignoring the victims, shows how deep the social maladjustment is in japanese society and politics. the law was only repealed in 1996. par for the course in this nation, unfortunately.

the government almost always wins these kinds of cases. we can only hope that whoever is judging this case and the ensuing appeal has spent some time outside of japan so that they have a proper sense of what is moral and what is not.

15 ( +17 / -2 )

You see? They even do it to their own people, not just to other nations, and demand that it be thrown out of court and/or forgotten about.

14 ( +16 / -2 )

If youve had any experience of the Japanese legal/courts system you'll know how peurile and immature it is, in addition to being extremely biased on the side of the government and corporations.

12 ( +14 / -2 )

Of course they demand that, they don't want to pay.

11 ( +12 / -1 )

As if the practice itself was not disgusting enough, the reasons for doing so make me sick to the stomach.

This is beyond vile.

Pay up!

11 ( +12 / -1 )

If and if she wins, could start a justifiable land slide. Government demanded sterilisation now demands no compensation. Unbelievable.

9 ( +9 / -0 )

Notice everyone is talking PAST tense about who did what when. Japan's constitution was in place when these sterilizations were carried out. SO they have a justifiable case, if the constitution is to be followed.

Whether it was the law or not, it was against the constitution.

9 ( +10 / -1 )

Yes, many countries rightly so stand accused & guilty of unsavoury discriminatory practices against their own citizens. Forced sterilization is just one of many terrible acts.

But this article is about Japan and the suffering of citizens in Japan, which is easily understandable by just looking at the opening photo.

The following excerpt from the article sums it up -

"...The law modeled on Nazi Germany's sterilization law was enacted in 1948 as a measure to control the population at a time when Japan faced a postwar food shortage. However, it remained in force until 1996, when the food issue was no longer a problem...."

Pertinent point - it remained on the books until 1996, which coincidently was when the last discriminatory law against Hansen disease (leprosy) sufferers was repealed, decades after many other countries.

1996 was hardly a long, long, time ago.

9 ( +10 / -1 )

You...yes you Mr justice, and you Mr compassion get out you have no part to play here.

7 ( +7 / -0 )

Netgrump

It's a practice implemented by many developed nations.

No it is not.

7 ( +8 / -1 )

Here's some information from the US of A, the country where as you may know, most dear readers on this forum, are familiar with:

What happens in the USA should be discussed elsewhere. There was a time on JT when mentioning another country as a comparator would have been moderated out, no matter how relevant. But in this case it is irrelevant - Japan sterilised these people and had the law on its books until 1996.

Ask whether what Japan did was right before pointing the finger at other countries. What other countries did does not make the actions of Japan less bad, it just means that other countries were also bad.

7 ( +7 / -0 )

@Kazuaki, your link is to a page showing (i) that forced sterilization was discontinued by those few other developed countries which practiced it in the 1970s (although I note that several occurred in the USA until 1981) and (ii) that compensation is now being/has been paid.

Regardless of the fact that what other countries do/did is completely beside the point and these poor people deserve compensation for having their already disadvantaged lives made even worse, did you even have a point? Seems you shot your own argument in the foot by not reading the linked information properly.

6 ( +7 / -1 )

I'm hardly a guest in Japan, what with my family here and having been here the better part of my life..Just what planet do you come from where mutilating people is considered acceptable?

The fact stands that almost all developed nations completely repealed these kinds of laws in the 1970's and settlements were awarded to people who sought them in many cases, while Japan kept them on the books til the late 90's and is now interfering with those who would seek justice for what they suffered.

I cannot believe the audacity of the highest levels of a government to try to block settlements for what basically amounts to atrocities committed against a defenseless and innocent segment of its own population. Trying to defend the actions of the government in this case is absurd and outrageous. Besides genocide or torture is there any worse form of violence against humanity? Those who suffered this indignity must be compensated and their requests should be accommodated to the best of the ability of the government.

6 ( +8 / -2 )

Absolutely shameless of the government. Good luck to the victims.

6 ( +7 / -1 )

Barbarism.

More proof, as if needed, that this govt is well suspect when it comes to addressing issues that affect those without a voice.

5 ( +6 / -1 )

Japan needs to learn how to apologize. Many countries had this too, but apologized 40 or more years ago and plaintiffs sued and won. Laws protecting the disabled were enacted.

4 ( +5 / -1 )

The Government shouldn't be let off the hook. Forced Sterilization should be outlawed forever, as can you imagine where it will stop ? Imagine Sterilization based upon :

Family Wealth

Academic results

Purity

Sounds like it could end up leading to a very disturbing situation unless properly stopped... as who knows under what situation it could be reimposed ?

4 ( +4 / -0 )

Starpunk

I agree. But the one thing I have found over the years is that Japanese can never admit to being wrong.

It is the one thing that, I my opinion, lets down a great culture.

3 ( +5 / -2 )

There is no greater punishment than being prevented from having children of one's own. Who is the government to deside this for others? I hope these plaintiffs win big.

3 ( +4 / -1 )

To those of you who regularly contribute reasonable argument, I can only say I agree that Japan is late to the plate. Not only on this issue, but on a whole raft of them where human rights of its own citizens have suffered for no reason other than an unwillingness to change. Think of that population demise we often read about on JT, and don't wonder why. Emigrate to Canada; we're cool. And a helluva lot more tolerant and apologetic (although a bit too much of the latter, sometimes).

This is one of the more interesting articles I've read on JT. Good of you all to comment, even you newbies who press 'Post' before thinking about most of what you've writ.

3 ( +3 / -0 )

A quick check of Wikipedia suggests the list of countries who had something similar include the United States, Sweden and Switzerland.

https://en.wikipedia.org/wiki/Compulsory_sterilization#Sweden

1 ( +8 / -7 )

Again the government does not want to face its past. Forced to be unable to reproduce by the government and the same government demands that a court case be thrown out. That's just flat out wrong.

1 ( +1 / -0 )

a vile practice suggested and carried out by vile people.

Hope these folk get properly compensated for being butchered.

1 ( +1 / -0 )

In India, by contrast, traditional women were able to demand doctors of their own (as well as judges). I wonder how that system differs!

India is a country of contrasts, women can reach, due to good legislation, major positions in business, politics and cultural life but many women if not most live in rural areas with ancient rules.

https://www.importantindia.com/2421/status-of-women-in-india-today/

1 ( +1 / -0 )

There are hardly any people that sympathize with the government on not paying these poor victims of a horrible former policy.

Yes, it'll cost the government money but why can't they just take the moral high ground and admit a mistake was made and pay these poor victims?

They're flush with money and the positive PR they'd get for doing the right thing is something they're in dire need of.

1 ( +2 / -1 )

Legal and moral are two different things.

0 ( +2 / -2 )

Forced "Sterilization" should be done to the ones that brought this Law in!

0 ( +0 / -0 )

It seems that women who are mentally handicapped are especially likely to be victims of the system, set up by males and largely taking the male as the norm. In India, by contrast, traditional women were able to demand doctors of their own (as well as judges). I wonder how that system differs!

It is well worth noting, however, that the "gelding" effect of many tranquilizers (psycho-tropic medicines) may be due rather to accidents of chemical effect, not {alas] sufficiently studied so as to be explained to the clients. This rather than to "a plot" to sterilize the handicapped!! I have found that some of the reverse medicines (anti-Parkinson's symptom medications) in fact increase sexual desire. This latter effect is described as due to PD (Parkinson's disease) itself, but has this been isolated apart from medications? Have clients not noted the rise such feelings after accepting a new medicine in their list?

In general, the meds are tested on males as the norm. This is easier, they say. However, due to societal stress most mental patients must be female, esp. in Japan where macho males eschew psychiatry. So it follows that MORE STUDY IS NEEDED OF THE EFFECT ON WOMEN of the hormone-changing aspect of brain-chemistry drugs. Better catch the issues before they get big enough for a court battle.

0 ( +0 / -0 )

I thought after the ldp passed the state secrets and State security and conspiracy bills you not allowed to do such studies in Japan.

0 ( +0 / -0 )

The Ministry of Health, Labor and Welfare has maintained that forced sterilization was legal at the time under the law

This is a weak argument. Do they believe that they could reintroduce the same law today? If the law would be unconstitutional today then it would also have been unconstitutional in the past. But don't expect the supreme court to make any ruling within the next 10-20 years. Even when they do eventually rule in favour of the government there will be no logic to their ruling.

I suppose the doctors who carried out the sterilisations are all retired now. If not, they should be struck off the register for malpractice.

0 ( +1 / -1 )

That's it, now. Sweep it all under the rug. Don't compensate the victims when they're still alive. America did it to the blacks, does it to red Native Americans, and to other 'undesirable' people. The American, Japanese, Australian and other governments are guilty of serious wrongs and abuses and they MUST own up to it.

-1 ( +3 / -4 )

It was also legal during the Nazi regime, because, surprise, the regime installs the laws. Advocating "it was legal" brings their thought process closer to that moral horizon Nazies crossed daily. And such people should not be in control of the civilized government.

-1 ( +0 / -1 )

@Yubaru Mar. 28 06:37 pm JST

Japan's constitution was in place when these sterilizations were carried out. SO they have a justifiable case, if the constitution is to be followed.

OK, instead of losing your shirt identify which article they broke. Note that there are exactly zero articles that specifically protect a "right to reproduction", so it'll have to be that catch all Article 13. Now, note the key words "to the extent that it does not interfere with the public welfare", which when one considers it forms the basis of all onerous laws, including this one.

Now, can you absolutely say that passing such a law should NOT be within the legislative discretion of the Diet.

It's all very well to say disabled people should have the right "to decide on their own whether to bear and raise a child." However, two things are almost certainly true.

1) As a group, disabled people are more likely to produce offspring with similar problems.

2) As a group, disabled people are less likely to be able to support offspring, especially if they have complications. Since the idea of disposing such offspring in the closest garbage bin is clearly unacceptable, the State would be expected to support them.

3) While it is known for disabled people to be happy, as a rule they are in a highly disadvantaged position that makes it hard to even do the basics, so it is much harder for them to fulfill a satisfying life as advocated by Article 25.

Thus, they are a lot more likely to produce offspring that are a net loss and burden to the State, and in turn that burdens the people, in the form of taxes that have to be given up to keep these offspring on life support. That interferes with the public welfare, which provides a justification to act.

If you say it is not within the legislative discretion, then what you are really saying is that regardless of the harm caused by permitting this wagamama, regardless of such factors as the percentage of disabled people, the amount of burdensome disabled offspring they can make, the state's or people's capacity to "swallow" these disabled offspring ... etc, none of that matters and the State cannot restrict the right of disabled to make babies, including defective ones.

As far as the Constitution is concerned, if that causes Japan to sink, it sinks.

Are you ready to say all that?

-1 ( +0 / -1 )

No government has a right to play God on anyone for any reason. Japan's government must own up to its abuses and compensate, just like all the others.

-1 ( +0 / -1 )

@ Ah_so

Ask whether what Japan did was right before pointing the finger at other countries. What other countries did does not make the actions of Japan less bad, it just means that other countries were also bad.

I'm aware that text interpretation is difficult for some people here, so scroll back and read the last sentence of the post you're commenting.

The result should be: Ah sooo.. :)

-2 ( +0 / -2 )

@ paradoxbox

forced surgical sterilization is not practiced in any developed nation i know of, you are misinformed.

Who's talking about today? Do I have to explain, as non-native speaker, that 'implemented' is 'past tense' ?

On being informed: ' in any developed nation I know of' could mean that there's possible a developed nation where it is been practiced recently.

Here's some information from the US of A, the country where as you may know, most dear readers on this forum, are familiar with:

http://www.pbs.org/independentlens/blog/unwanted-sterilization-and-eugenics-programs-in-the-united-states/

There's a line about female inmates.

Just what planet do you come from where mutilating people is considered acceptable?

The same planet as you, Planet Earth. On that planet some people find it part of the 'tradition' thus acceptable to mutilate women by taking away their clitoris or dismember

albinos in a superstitious belief that it could gain magical power.

My first post is a comment on the very first post above, the second on a comment in relation to that. So just read them in that context.

-3 ( +1 / -4 )

Having worked in the intellectual disability field for over half my working life, I can quite understand the attitude of the times that prompted this legislation in Japan and other countries. It seems harsh today, but along with single women who had babies being institutionalised as having "poor mental hyiene", these measures were all they could come up with. It is not correct of the plaintiffs to claim their chances of marriage had gone, it was only their ability to reproduce.

They should be given some compensation, but the amount should best be a standard sum and it should be tempered by the above considerations.

-4 ( +2 / -6 )

The US still has their eugenics program going today, that would be Planned Parent Hood which was started by Margaret Sanger. This evil woman was an eugenics enthusiasts and targeted poor American's, which most were black americans. Of course the media here will paint it a differently then what history tells you happened.

-4 ( +2 / -6 )

MInd you... the "winners" of WW II allowed for the law to pass... just a reminder

-4 ( +0 / -4 )

@ smithinjapan

You don't have to reveal your biased view. It's a practice implemented in many developed nations.

-20 ( +3 / -23 )

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