The measure comes in the context of a law that has since come into force, which provides for compensation for people affected by what is considered the worst violation of human rights in the country's post-war history.
The government will pay 15 million yen (93,780 euros) to each of the 16,500 people estimated to have been victims of forced sterilization under the eugenics law between 1946-1996, 5 million yen (31,200 euros) to the victims' spouses and a lump sum of 2 million yen (12,500 euros) to those forced to undergo abortion surgery, according to the Japanese news agency Kyodo.
Since 2018, 39 people have filed lawsuits across the country to obtain compensation from the State, but most of those affected have not spoken out for fear of facing prejudice or because they were unaware that they had undergone sterilization surgery, according to lawyers.
The compensation will be paid upon request by the victims or their families, with the deadline for filing applications set for January 16, 2030. If a victim of sterilization or their spouse has died, the compensation will be awarded to their children, grandchildren or siblings.
The new law, proposed by a group of deputies from various parties, was enacted in October 2024, three months after the Supreme Court declared, in a historic decision, that the eugenics law was unconstitutional, ordering the State to compensate the victims.
Japan's upper house of parliament (the House of Councillors) subsequently passed legislation to pay 15 million yen (€93,780) to each victim of forced sterilization surgery under the now-repealed eugenics law during a plenary session in Tokyo on 8 October 2024.
The eugenics law allowed sterilization or abortion surgery for people with intellectual disabilities, mental illnesses or hereditary disorders without their consent, in order to prevent so-called "inferior" traits from entering their genetic heritage.
Around 25,000 people have been sterilised, 16,500 of them without their consent, and around 59,000 cases of abortion surgery have been recorded under the law, according to government figures, with more than 23,000 victims estimated to be alive.
The new law, whose preamble states that parliament and the government “deeply apologize” for the eugenics programme, provides for significantly higher compensation than the one-time state benefit of 3.2 million yen (2,000 euros) paid under a previous law enacted in 2019.
To ensure swift compensation without going through a court process, a council at the Agency for Children and Families will be responsible for identifying the victims and the extent of compensation.
Applicants will be introduced to a lawyer free of charge upon request to receive advice and prepare the necessary documents, including a medical certificate proving that they have undergone surgery.
In July 2024, the Supreme Court ruled that the 20-year statute of limitations for a tort does not apply to cases involving the eugenics law.
