[Zenchi Kyosai Co., Ltd.] Former Eugenics Protection Law Trial ~ Questions of the Supreme Court Judgment ~ Online seminar held – July 27th implementation report –
*Zenchi Mutual Aid Co., Ltd.*
Press release: August 16, 2024
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Former Eugenics Protection Act Trial – Questions about the Supreme Court Judgment – Online seminar held – July 27th implementation report –
Zenchi Kyosai Co., Ltd. (Headquarters: Chiyoda-ku, Tokyo; President and CEO: Shigeaki Enomoto), an insurance company specializing in insurance for people with disabilities, will be in court on the former Eugenics Protection Act on Saturday, July 27th.
Attorney Naoto Sekiya, head of the Tokyo Litigation Lawyers Group, and plaintiff Saburo Kita (pseudonym) took to the stage to discuss “* Old Eugenics Protection Law Trial – Questions about the Supreme Court Judgment -” *
We held an online seminar entitled. I will report on the day’s progress.
* ▼Background*
The old Eugenics Protection Law lawsuits were filed all over the country. The former Eugenics Protection Act was enacted in 1948 and allowed forcible sterilization on the grounds of mental or intellectual disability, even without the consent of the person. This law was abolished in 1996, but for about 50 years, many people across the country were forced to undergo sterilization, resulting in eugenic ideology becoming deeply rooted in society.
On July 3, 2024, the Grand Bench of the Supreme Court ruled that the old Eugenics Protection Act violates the Constitution.
Attorney Naoto Sekiya, who worked hard as the plaintiff’s defense team in this lawsuit, to ensure that such mistakes would never be repeated, and the victims of forced sterilization who have been through painful, sad, and painful experiences. We planned this seminar to listen carefully to Kitasaburo’s words and to provide an opportunity for everyone to think.
* ▼Event overview*
Date and time: July 27, 2024 (Sat) 10:00-11:45
Participation fee: Free
How to watch: YouTube Live
Speaker: Naoto Sekiya, lawyer
Saburo Kita (pseudonym, one of the plaintiffs in the Tokyo lawsuit regarding the former Eugenics Protection Act)
Number of applicants: 402 people
* ▼Status of the day*
* 1. Commentary on the Supreme Court Grand Bench judgment of July 3, 2024 * ・*The old Eugenics Protection Act itself was in violation of the Constitution from the beginning (violation of Articles 13 and 14)* This is the first Supreme Court precedent to state that the
legislation was unconstitutional from the beginning.
Violation of Article 13 of the Constitution…Significant violation of the spirit of respect for individual dignity and personality Violation of Article 14, Paragraph 1 of the Constitution:
Discriminatory treatment not based on rational grounds
Over a long period of approximately 48 years, from 1945 to 1996, as a national policy, people with specific disabilities were discriminated against without justifiable reasons, and they were required to make serious sacrifices. We have implemented measures.
・* It was difficult for victims to exercise their rights*
It was difficult for the victims to speak out.
Laws are enacted by the Diet and are generally assumed to be in accordance with the Constitution. The victims themselves could not be expected to take the case to court.
Furthermore, the fact that the country did not change its stance that the act was legal made it difficult to exercise the rights.
* ・The biggest issue in the trial is the exclusion period*
There is a provision in the Civil Code (disqualification period) that the rights will expire if the rights are not exercised for 20 years. Since 20 years have passed since the surgery, the extinguishment of rights is extremely contrary to the ideals of justice and fairness. Source: Court homepage
Maximum Judgment 6.7.3
(https://www.courts.go.jp/app/files/hanrei_jp/162/093162_hanrei.pdf) *Change in precedent*
Trials are characterized by making decisions based on past Supreme Court precedents.
Although there was no need for a claim from the parties whose rights would automatically expire after 20 years, the structure is such that even after 20 years there is a claim from the state, and the plaintiff can argue against this claim. I changed it to something.
* 2. Regarding reasonable accommodation and environment development at the Supreme Court *
I have communicated with the court many times. For example, the position of sign language interpreters, and the
He worked with the court to request uniformity in terms of expression.
* 3. Thoughts expressed by the judge *
To be honest, many lawyers did not expect that the legislation would be judged to be unconstitutional from the beginning, considering the precedents that have existed up until now. It is important to have an attitude of questioning the law.
This is an issue that cannot be tackled unless each party is fully aware of their responsibilities from their respective positions and considers what they can do from there, so I believe the court has given this careful consideration.
* 4. What you should do after receiving the judgment – In order not to waste this judgment – *
* ・Comprehensive damage recovery*
We must devise a methodology to firmly connect the verdict that created a path for full recovery.
* ・Revision of child-rearing systems*
It is possible to remove institutional obstacles in society. Regarding child-rearing, I would like to create a system that allows people with disabilities to choose to start a family with a partner.
* ・Eliminating discrimination in education*
A countermeasures promotion headquarters will be established with all cabinet members as members, and efforts will be made to firmly eliminate discrimination in education.
I would like to work to include this.
* 5. Communication with plaintiff Saburo Kita *
Q: The trial continued with an uncertain future, but what was the driving force?
A: I felt that I wanted the country to apologize, even if it was just one word.
Q: You weren’t planning to show your face at first, so why did you decide to show your face?
A: My sister told me not to reveal my face and name, but I felt like I should show my face and name in order to continue fighting. If I were Kitasaburo, I would never forget my name, so I thought this name was better than my real name, so I’m still working hard on it.
Q: At the time of the Tokyo High Court decision, when (Mr. Kita) couldn’t hear the presiding judge’s voice, he told him that he had won.
A: It didn’t make me any less valuable as a human being, and I was really happy that they never confronted me.
I couldn’t stop crying.
* ▼Voices from participants*
・Thank you for letting me hear a wide range of stories about the groundbreaking Supreme Court ruling, the hardships and efforts that have been made so far, as well as future activities. We hope that all those who have undergone sterilization will have their honor and human rights restored.
・As a parent, I would like to know the feelings of the people involved regarding the old Eugenics Protection Act, and I would like to thank you for being able to understand the circumstances behind it in an easy-to-understand manner.
・Thanks to Professor Sekiya’s easy-to-understand explanations and Mr. Kita’s voice, I was able to understand the Supreme Court very much. The interaction between the two of them, which was possible because of their relationship of trust, was also good.
・Thanks to Dr. Sekiya’s explanation, I was able to understand the outline and key points of this trial very well.
I was moved by Mr. Kita’s words, “Presiding Judge Hirata faced me as a person for the first time!” I felt that it is important for each person to face discrimination.
・Mr. Kita’s story touched my heart. I felt that the children and their parents, who are closest to them, should also make efforts to create a society free of discrimination and prejudice. I thought that the education and environment for children who will support the next generation is also important.
・I was impressed by Mr. Kita’s courage, honesty, and deep humanity, as well as Attorney Sekiya’s caring heart.
I am glad that it has become clear that the Eugenics Protection Act was unconstitutional from the beginning, and at the same time, I hope that a system will be put in place in the future that will allow everyone to live their lives the way they want.
▼*What Zenchi Kyosai aims for*
We will continue to deepen the understanding of stakeholders and society by providing information through online seminars and other events, and aim to create a society that is kind to everyone.
Zenchi Mutual Aid Homepage
https://www.z-kyosai.com/
* 【Company Profile】*
Company name: Zenchi Kyosai Co., Ltd.
Location: 4th floor, Kudankita 325 Building, 3-2-5 Kudankita, Chiyoda, Tokyo Representative: Shigeaki Enomoto, Representative Director and President Business content: Small-amount, short-term insurance business (Kanto Local Finance Bureau (Small-amount, short-term insurance) No. 14) URL: https://www.z-kyosai.com/
*About details about this release*
https://prtimes.jp/main/html/rd/p/000000052.000012821.html