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Court rules defunct eugenics law unconstitutional but denies damages

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I really feel bad for the victims here, yet I find it difficult to understand why they did not seek redress 20 years ago?

-3 ( +1 / -4 )

The state also said it was not obliged to pay compensation due to the 20-year statute of limitations on demands for damages under the Civil Code, pointing out that the victims underwent surgery more than 40 years ago.

Irrelevant as the eugenics law was still in place up to 1996. Now if the courts had argued that compo had been denied because it was more than twenty years since since the law was repealed, that would be rational. But Japanese aren’t rational.

6 ( +6 / -0 )

The statute of limitations for damages expires in 20 years after the fact, regardless of whether the law is still in effect or not, though personally I feel that the statute of limitations should not apply for forced sterilization.

2 ( +3 / -1 )

Why didn't they seek redress 20 years ago? Because 20 years ago they had ZERO hope of the courts even addressing the issue. 20 years ago Japan didn't even want to admit that it forced sterilized people... heck they still do not. How can so many people not realize that Japan has changed a lot in the last 20 years... and thank God it has. Thanks to the Internet and the ability of the people to exchange ideas on a much wider scale, Japan has changed.

11 ( +11 / -0 )

Very typical Japan; their courts siding with the government (the establishment) to preserve the status quo, but untypical in that a district court dismissed the claim for damages. They usually approve this, and it is the Supreme Court who then dismiss it on appeal.

10 ( +10 / -0 )

Japan is truly disgusting in the way it treats its own people. The govt is NEVER responsible even though it often is obviously IS RESPONSIBLE.

The lack of compensation to Japanese victims of its own govt is staggeringly WRONG, we have seen this so so many times. Mercury poisoning, leprosy, green cross & the list grows still to this day & the govt hides behind the corrupt courts of the country, nasty stuff!

6 ( +6 / -0 )

A big joke. Where was the court in 1948 ?

0 ( +0 / -0 )

I really feel bad for the victims here, yet I find it difficult to understand why they did not seek redress 20 years ago?

Maybe because the Eugenics Protection Law was still on the books until as recently as 1996, and the government was still sterilizing people into the 1990s?

3 ( +3 / -0 )

Japan, leading the world in ethical laws and court rulings.

1 ( +1 / -0 )

Absolutely disgusting.

the court and the judge who made the ruling. These are human beings whom the state treated like garbage.

The statute of limitations doesn’t matter in some instances. The courts have the power to make precedent.

4 ( +4 / -0 )

@Akie

In 1948 Japan was under control of America

0 ( +0 / -0 )

This is a country whose three arms of government are in walking in lockstep and an outstretched arm with the Nazis. All in a closet.

1 ( +1 / -0 )

How does a statute of limitations apply to a law that even the court itself said was unconstitutional and shouldn't have even been a law in the first place?

I thought the statute-of-limitations concept only applied to legitimate laws. This law was ruled to be illegitimate.

So, no statute of limitations should apply to it, especially when a great many of the victims of this unjust law are still alive and still suffer from it to this day.

2 ( +2 / -0 )

The statute of limitations doesn’t matter in some instances.

I agree, and it shouldn't matter with regard to a law that a court ruled should never have been enacted in the first place.

That's what a ruling of unconstitutionality is. When a law is ruled unconstitutional, a court is essentially saying that it is an invalid law -- and was invalid from its very first day on the books.

Thus, no statute of limitations should apply to it -- especially when so many of those whose lives were shattered by its carrying-out are still alive.

2 ( +2 / -0 )

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