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Paper short abstract

This paper analyzes the redress movement surrounding Japan’s Eugenic Protection Law, culminating in the Supreme Court’s 2024 ruling. It examines why redress emerged decades after the law's abolition and how media, activists, and legal professionals succeeded in holding the state accountable.

Paper long abstract

In July 2024, Japan’s Supreme Court ruled that the former Eugenic Protection Law (EPL) was unconstitutional, ordering the government to compensate the victims of forced sterilizations carried out under the law. The EPL (1848-1996) legislation that allowed abortion under various circumstances, as well as voluntary and involuntary sterilizations of people with a range of conditions and disabilities.

The first lawsuits against the government were filed in 2018, but initially they were not successful, as district courts ruled against the plaintiffs on the grounds of the statute of limitations. The enactment of the 2019 “Lump-Sum Payment Law,” which offered a one-time payment of 3.2 million yen to victims, may also have contributed to the initial defeats. However, beginning in 2022, high courts started ruling in favor of plaintiffs, ultimately leading to their victory in 2024.

This paper analyzes the redress movement surrounding the EPL, focusing on three key questions. First, it examines the reasons behind the delayed emergence of the redress movement, which began almost two decades after the law’s abolition. Second, it analyzes the movement’s tactics, which, although initially unsuccessful, eventually lead to victory for the plaintiffs. Finally, it considers the roles played by the news media, legal professionals, activists and redress claimants in holding the Japanese government accountable for past wrongdoing.