Former Yusei Protection Law Proceedings Reverse Winning Osaka High Court, Breaking "20 Years of" Wall of Time "" Hyogo Proceedings Plaintiffs Welcome "Major Advances"

Hyogo Proceedings / Press Conference after First Trial Decision (August 3, 2021, Kobe City)

On the 22nd, the Osaka High Court ordered the first compensation in Japan in a lawsuit over the former Yusei Protection Law. The way the plaintiffs claim to be "the biggest violation of human rights after the war" has been questioned again. Former Yusei Protection Law Problem "Living as a Person" The plaintiff of the Osaka lawsuit, a couple in their 70s and 80s, underwent sterilization surgery without knowing when his wife gave birth to a child by Caesarean section in 1974. .. A woman suffered from Japanese encephalitis and suffered from intellectual disability due to sequelae, and she was forced to undergo sterilization around 1965. "Change the original judgment." When the presiding judge read it aloud in the court of the Osaka High Court and the sign language interpreter told him, the man looked surprised for a moment and made his face flutter. Two lawyers rushed out of the building and "accepted the claim" and "cancelled the original judgment." It has been about four years since the Sendai District Court started a series of proceedings. He raised the banner at the highest and told him that the compensation was granted. Wheelchair supporters also visited the courtroom on that day to secure space by removing 30 seats, which is one-third of the audience seats. The presiding judge slowly read the outline of the decision. A sign language interpreter was placed so that people with hearing impairments could understand the content, and a monitor was also set up to display the summarized writing in real time. "It was a long time. I'm glad to get such a decision." The hearing-impaired plaintiff's man in his 80s flushed his face and worked hard in sign language. "I would like to fight together so that the judgment like our case will continue. May the regrets and regrets of all the victims be cleared." A wife in her 70s who had undergone sterilization also sent a message in her sign language. Men can feel a smile even through a mask. She asked, "I don't want the country to appeal." She asked her wife, "We were a deaf couple, but we wanted to have and raise children." "We want a society where everyone can have children in the same way." Attorney Keino Tsujikawa of the plaintiffs' defense team said, "We played the role of the judiciary as the last bastion of human rights protection. The judge thought about it." In a series of proceedings filed in nine district courts and branches nationwide, including Kobe, Osaka, Tokyo, and Sendai, the plaintiff acknowledged the unconstitutionality of the former Eugenics Protection Law and the national liability. This is the first time that the side has won the case. In all of the first-instance judgments, the plaintiffs have rejected the claim for compensation and lost the case (four unconstitutional judgments). On March 11, the Tokyo High Court will hand down the appeal decision. "It was really good. It was a decision to be close to the victim." Her sister-in-law, who supports a plaintiff woman in her 60s in Miyagi Prefecture, who filed her first proceeding in a series of proceedings in January 2018, said with excitement. A man in his 70s living in Tokyo, who is the co-representative of the "Victims and Family Association," said, "My life was messed up. It's not a matter of money. With this as an opportunity, the country is in the eyes of all the victims. I want you to bow down in front of me and apologize. " Minister of Health, Labor and Welfare Shigeyuki Goto said on the 22nd, "The allegations have not been accepted and we take it as a very strict decision for the country. ■ "We will do our best to win the winning decision" Hyogo Proceedings Attorneys Statement At the Kobe District Court, two couples with hearing loss and a total of five women with congenital brain paralysis will pay a total of 55 million yen in damages to the country. He requested (one of the Hyogo proceedings died during the dispute), but lost the case in August 2021 and appealed to the Osaka High Court. Of these, a man with a hearing disability (Akashi City resident, 90s) said, "The court has made a firm decision against the country with justice and fairness. I would like to do my best to eliminate discrimination from society." Commented. In addition, a woman (Kobe city resident, 60s) said, "I am happy that" winning "is a big step forward. However, this decision is not the end, and I want to tell the court what I should insist on." I also expected the decision of the Tokyo High Court in March. The Hyogo Proceedings Lawyers welcomed on the 22nd, "The court has made a very reasonable judgment that it is injustice to exempt the state from liability by applying the exclusion period, and acknowledged the state's responsibility to the victims. And I urge the country to finalize this ruling without appealing to the state. " "By this ruling, it is the responsibility of the state to apologize and compensate the victims who have been suffering from prejudiced discrimination under the forced fertility surgery and the old eugenics protection law for many years as soon as possible. At the same time, we should immediately start discussions with plaintiffs and lawyers nationwide to fully resolve issues such as eugenics and prejudice discrimination against persons with disabilities. "

Radio Kansai