Photo/Illutration Plaintiffs hold up papers with words such as “unjust ruling” in front of the Fukuoka High Court on Feb. 29. (Soichiro Yamamoto)

The Fukuoka High Court on Feb. 29 dismissed a lawsuit that children of hibakusha filed seeking government compensation for their exclusion from a medical relief law.

The court upheld the Nagasaki District Court ruling that also sided with the central government.

Under the law, the government provides a medical assistance program for atomic bomb survivors but not their children.

The plaintiffs argued that excluding the children from the government’s medical assistance program violates the Constitution, which stipulates equality under the law.

They also said that not amending the law amounts to legislative inaction.

“The genetic effects of radiation have not been proven, and the government’s medical assistance program cannot be considered discriminatory,” Presiding Judge Yoshihisa Takase said.

The court highlighted that multiple studies have been published denying the genetic effects of radiation, and there has been no observed increase in mortality or cancer incidences among second-generation hibakusha.

It noted a significant difference in the current state of medical and scientific knowledge when comparing the possibility of negative health effects on atomic bomb survivors defined by the Atomic Bomb Survivors’ Support Law and their children.

The court concluded there are reasonable grounds for excluding the children and that it is within the scope of the legislative discretion of the Diet.

Of the 28 plaintiffs, 24 are children of those who survived the 1945 Nagasaki atomic bombing and are in their 50s to 70s.

The others are successors of two children of hibakusha who have died.

Based on the law, the central government provides support to those who were exposed to the atomic bombing because they were near ground zero or entered the vicinity afterward.

Support includes giving free health checkups with cancer screenings, covering medical costs and offering allowances.

An estimated 300,000 to 500,000 children of hibakusha nationwide can undergo the health checkups, but they are not eligible for cancer screenings.

The plaintiffs cited multiple laboratory animal studies and other experiments pointing to the possible genetic effects of radiation exposure.

INDIGNATION FELT

The ruling, which acknowledged some studies affirming genetic effects while also noting multiple studies that deny such impacts, has sparked outrage among the children of hibakusha, who have expressed concerns over their health.

“There are many people among the second generation of atomic bomb survivors who have died of leukemia and cancer,” said Hidemi Minoda, 66, one of the plaintiffs. 

Both of her parents were exposed to radiation.

Her daughter developed nephrotic syndrome, in which protein from the blood leaks into the urine, at the age of 5.

The disease is recognized as radiation sickness.

The cause remains unknown, but the daughter was repeatedly hospitalized.

“It’s natural to think there may be genetic effects impacting the next generations as well,” Minoda said.

The plaintiffs’ lawyer, Mika Nakashiki, cited the Hiroshima High Court’s ruling, which stated that “if the possibility of negative health effects due to radiation from atomic bombings cannot be denied, those suffering such effects would be considered as hibakusha.”

She expressed disappointment about the differences in the government’s medical assistance program.

“It’s regrettable that the court did not take the position that this obvious difference is a problem,” she said.

The plaintiffs plan to appeal the ruling to the Supreme Court.

(This article was written by Naoki Nakayama and Mami Okada.)

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