forcedsterilization

[forcedsterilization]

Overview

The Eugenics Law was enacted in 1948 and was in effect until 1996. Under this law over 16,500 women and children were forcefully sterilized they were targeted individuals with disabilities, mental illnesses, and other conditions considered undesirable with the goal of improving the genetic pool by preventing those from giving birth to "defective" children. These non-consensual surgeries were often carried out by medical professionals under the guise of something else or by coercion/force.

This law disproportionately affected women and children who were sent through this procedure without proper knowledge and consent. Social stigma of the disabled population led those to believe that it was in the best interest of the country to follow through with sterilization to eliminate disorders surrounding mental and physical disabilities. The government enforced discriminatory views on the public which led to those ideals becoming the norm and seen as population preservation.

Although the law was repealed in 1996, victims did not receive acknowledgement or compensation until the year 2019 when the Japanese Supreme Court ruled the government was to pay the victims for their years of suffering in silence. It is still remembered as one of Japans darkest times in the post war era as we were able to see the terrible consequences of state sanctioned medical practices being enforced onto the public due to discriminatory views.

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Academic Article No. 1

Forced sterilization during post-war era in Japan

This article goes into the topic of legal forced sterilization in Japan between 1948-1996 under the Eugenic Protection Law. During that time it is believed that around 25,000 forced sterilization procedures took place in order to "better" the eugenic pool of the population. These were times where complete trust was put into health care professionals by the public, who had very little knowledge of the goal to preserve the eugenic pool in such specific ways.

In February of 2018 the subject of discussion became more mainstream as a team of nurses, practitioners, and journalists began a deeper investigation on how forced sterilization had been impacting the population of Japan. Because so much more attention had been brought to the subject itself it only made sense to try to investigate why this law was put in place of the decision making process of who would become sterilized.

Due to all of the attention the entire investigation, and over a hundred other articles that had been written since, the public became well versed in the situation that had been affecting them for some time now. There was a public apology put out for the legislation and financial compensation dispersed to those who had been affected by the act of forced sterilization. Although this had been done there were still things in place in Japanese law that no longer required forced sterilization by their choosing, other things in order to preserve the eugenic pool.

*Eugenic Protection Law: aim of preventing the birth of children with hereditary disabilities or conditions deemed undesirable, based on eugenic principles

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Academic Article No. 2

Preventing the birth of ‘inferior offspring’: eugenic sterilizations in postwar Japan

In January 2018 there was a lawsuit filed by Sato Yumi against the Japanese government that had claimed the forced sterilization procedure she endured violated her right to happiness. She was one of 16,500 documented cases of this procedure that was against her will and now she was looking for compensation. This article goes into reasoning of why the Eugenic Protection Act was put in place and it often was because of the goal of "breeding out" individuals with hereditary diseases, mental illness, and intellectual disabilities. As we dig deeper we were also able to discover that these procedures took place not only for the concern of preserving "genetic stock," but also to try to eliminate concerns of things like sexuality (other than heterosexual), parental ability, and perceived unhappiness due to disabilities. Although there was public outcry about the situation it was quickly shut down by the response of the Ministry of Justice as they defended their decision for the "public good." This had brought up the idea that by trying to preserve the public what they were really doing was creating "reverse selection" in response to their belief that the Eugenic pool was "degenerating."

In the 1910s,Unno Yukinori and feminist Hiratsuka Raichō called for marriage restrictions and sterilization for individuals with venereal diseases or hereditary conditions, these laws seemed to be inspired by Nazi sterilization laws and were enacted into the Japanese government by the 1940s. There was a giant fear that "unfit" individuals were repopulating at a disproportionate rate which in turn weakened the national strength of the country. There was very little push back from the public as the law put in place in 1947 had been framed to come off as an abortion law rather than allowing both voluntary and involuntary sterilization to take place. In 2018 4,000 more individuals came forward about their experience due to the law, many were tricked into believing they were being treated for other things and often came from disadvantaged areas/circumstances. In 2018 financial compensation was given to those affected by forced sterilization, but no amount of money can ever reverse the physical and mental damage done to these poor people.

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Academic Article No. 3

Coercive sterilisation of transgender people in Japan

There has been tremendous progress made in terms of getting rid of the stigma around associating transgender identity expression to mental disorder. Though these individuals are still an extremely marginalized group as many countries still have laws in place that promotes gender stereotypes and discriminate against those who differ from the "norm." In 2004 in Japan the Gender Identity Disorder Special Act reinforced the idea behind mental illness associated with gender dysphoria, which left the population of transgender individuals subject to discrimination to an extreme extent.

The law put in place specific criteria one must meet in order to actually be acknowledged by their chosen gender identity to the government in a legal sense. The criteria were things like: being unmarried, minimum age of 20 years old, childless, and having undergone the sterilization procedure. Again all those things must be in order before your preferred gender identity is recognized in the eyes of the Japanese government. This is a major roadblock for those who wish to express themselves as they see fit, it basically places reproduction restrictions on those who identify differently from their gender assigned at birth.

Japan is not the only country either putting such restriction of their transgender citizens, this approach is taken in many other countries around the world with the goal to eliminate the "mental illness" that is transgender identity. Advocates urge Japan to follow in the footsteps of more progressive countries like Argentina for example where one's gender is solely based on that individual's personal identification.

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Academic Article No. 4

Two recent international sexual/ethical issues: Menstrual precariousness for female prisoners (France), and forced sterilization in Japan for the LGBT community.

In 2019 the government of Japan had ruled to uphold its law (Law #111) that would require transgender individuals to undergo a sterilization procedure in order to be recognized as their preferred gender in the eyes of the government and have their documents changed from their previously assigned gender. This ruling left many in shock as they felt the times had progressed so much further since the law had been put in place in 2003 and left them questioning the morality of the whole situation in general.

The law states specific criteria one must meet in order to legally change their gender identity. They must be unmarried, at least 20 years old, have no children, and must undergo sterilization surgery which ultimately stops those who wish to identify with the preferred gender rather that what was assigned to them from having children and expanding their future family. This reinforces the discrimination these individuals already face within society, but also subjects them to unnecessary medical procedures that have life altering effects.

Since the law was voted on it is estimated that already over 7,000 individuals have been subject to such procedures. This leaves the public questioning the morality of the government and the doctors themselves that are performing these surgeries. It is widely argued that going through procedures a such leave long lasting mental and physical effects on those who are subjected to such discrimination.

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Academic Article No. 5

The Testimony of a Victim of Forced Sterilization in Japan: Kita Saburō

This article dives deep into the experience of Kita Saburō a victim of forced sterilization under the Eugenic Protection Law. In the time this law was active it is believed that at least 16,500 people were sterilized either forcefully or without proper knowledge of the procedures consequences. This law was in place between 1948-1996 and although around 16 thousand cases were documented it is believed the number is a lot higher due to the procedures taking place under many different circumstances without patients knowledge or consent. Kita tells his story of life and his forced sterilization procedure that took place at only the age of 14. He also tells us he has/had no disability that would usually be the reason as to why you would sterilize an individual under this law.

Kita explains how he had ended up in the first state funded "reformatory" for delinquent youth. Here is where they diagnosed many children like Kita with intellectual disabilities and behavioral issues at a very young age. and in the 1950s when Kita was 14 years old he was sterilized with many other children that had been diagnosed with such issues in order to protect the eugenics for the longevity and well-being of the country. Though it is extremely obvious that "disability" could in a way be tagged onto a lot of things in order to give them the ability to do what they found necessary. This usually always ended up having effects on those who were in tougher societal environments where they were not as privileged as other individuals due to their economic status.

Kita today (2020) still struggles with being complicit with the harsh reality that many life opportunities had been ripped away from him at such a young age specifically when it comes to the topic of "family."

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Kyodo News. "Japan Top Court Orders Govt to Pay Damages Over Forced Sterilization." Kyodo News, July 2024, https://english.kyodonews.net/news/2024/07/a016e40a84d3-update1-japan-top-court-orders-govt-to-pay-damages-over-forced-sterilization.html.

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Academic Article No. 6

Court orders Japanese government to compensate people over forced sterilisations.

This article goes into the lawsuit outcome which ordered the Japanese government to financially compensate the victims of forced sterilization under the Eugenics Protection Law. The supreme court ruled that the law that had affected over 16,500 individuals disproportionately affected women and children. This was done usually by deceiving the individuals or coercing/forcing them into the procedures that left them unable to reproduce. And even though the law had been repealed in 1996, no financial compensation had ever been given out the the victims until 2019 when some of the victims came together to sue the government and seek compensation in a monetary form.

It is widely argued that the ideals this law put in place still have a lasting affect of the public and even the current laws that requires transgender individuals to become sterilized before completing their transition to their preferred gender rather than that assigned at birth. These ideals spread around the world and continue to affect individuals at an insane rate around the world. For example women in the US reported receiving non consensual hysterectomies in 2020 along with women in Russia as well as China. These ideas are hurting women around the world still to this day.

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Japanese Lawmaker proposed a law to take on declining birth rates in Japan

Brutamerica. (2024, November 24). A Japanese Lawmaker proposed that women over 25 cannot marry and women over 30 must have their uteruses removed as a way to increase Japan's declining birth rate. [Video]. TikTok. https://www.tiktok.com/t/ZP8LWWUqL/

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Conclusion

The Eugenics protection Law that allowed over 16,500 women and children to be sterilized against their will represents a complete violation of human rights that will and does have lasting affects on those who were victimized as well as current law makers in Japan. Creating an ever lasting stigma around those with mental and physical disabilities or other undesired traits such as bad behavior like we saw with Kita from the previous article.

For years the government did not want to acknowledge their unspeakable acts leaving those to suffer with the effects of the procedures they were forced into usually at very young ages. It was only in 2019, 23 years after the law had been repealed that victims of this heartbreaking experience began receiving apologies and compensation from their government that had wronged them and ignored them for so many years. Although it is completely necessary to take steps in this direction it is still just barely a drop in the bucket of what these victims deserve in return for being failed by their government.

While the Eugenics Law has been repealed there are still currently laws in effect, like Law #111, and lawmakers with harmful ideas on how to control the population under the guise of it being for the public health or countries well being. There is still so much work to be done and progress to be made within the discriminatory views that linger within the society and government. Hopefully we will see that change within our lifetime, though that still will not rectify the situation entirely as at least 7,000 individuals have been effected by coerced sterilization since 2019 under the Law #111. Much work remains to be done.

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Bibliography

Brutamerica. (2024, November 24). A Japanese Lawmaker proposed that women over 25 cannot marry and women over 30 must have their uteruses removed as a way to increase Japan's declining birth rate. [Video]. TikTok. https://www.tiktok.com/t/ZP8LWWUqL/

Charlier, P., Deo S. 2019. “Two Recent International Sexual/Ethical Issues: Menstrual Precariousness for Female Prisoners (France), and Forced Sterilization in Japan for the LGBT Community.” Ethics, Medicine and Public Health, 10, 27-28.

Dyer, O. (2024, July 5). Court orders Japanese government to compensate people over forced sterilizations. BMJ: British Medical Journal (Online), 386.

Higuchi, A., Takita, M., Ozaki, A., Kimura, H., & Watanabe, M. (2019). Forced sterilization during the post-war era in Japan. QJM: An International Journal of Medicine, 112(10), 829.

Hovhannisyan, A. 2020. “Preventing the birth of ‘inferior offspring’ : eugenics sterilizations in postwar Japan.” Japan Forum, 33(3), 383–401.

Hovhannisyan, A. (2020). The Testimony of a Victim of Forced Sterilization in Japan: Kita Saburō. Asia Pacific Journal, 18(7), 2.

Kyodo News. "Japan Top Court Orders Govt to Pay Damages Over Forced Sterilization." Kyodo News, July 2024, https://english.kyodonews.net/news/2024/07/a016e40a84d3-update1-japan-top-court-orders-govt-to-pay-damages-over-forced-sterilization.html.

Lancet, The., 2019. “Coercive Sterilization of Transgender People in Japan.” Science Direct: The Lancet, 393 (10178): 1262.

U.S. Army. (1944, August 14). Comfort women (comfort girls) captured by U.S. Army, Myitkyina. U.S. Army Interrogation Report. Retrieved from https://commons.wikimedia.org/wiki/File:Japanese_Prisoner_of_War_Interrogation_Report_No._49_p1.png

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Post War Era Japan

Angel Hukill-McCall, Sociology 438-1001

This blog will contain sensitive content involving the issue that is "Forced Sterilization" that is still continuing in Japan to this day.

Comfort women (comfort girls) captured by U.S. Army, August 14 1944, Myitkyina. U.S. Army reported these women in their secret report which already uploaded on commons

https://en.wikipedia.org/wiki/Comfort_women#/media/File:Captured_comfort_women_in_Myitkyina_on_August_14_in_1944.jpg