Photo/Illutration Plaintiffs’ lawyers rejoice after a settlement is reached in the former Eugenic Protection Law lawsuit at the Nagoya High Court on Nov. 15. (Tadashi Mizowaki)

NAGOYA--A settlement with the last plaintiffs in the forced sterilization lawsuit was announced at the Nagoya High Court on Nov. 15, with the government agreeing to pay compensation to the couple and apologize to them.

Keiko Onoue, 74, a hearing-impaired woman who lives in Nagoya, and her husband, Kazutaka, 77, had claimed that it violated the Constitution that they were forcibly sterilized under the former Eugenic Protection Law (1948-1996), seeking damages from the central government.

The government will pay Keiko 13 million yen ($83,450) and 2 million yen to Kazutaka, respectively, as well as their lawyers’ fees and damages for delay.

The settlement is based on an agreement signed in September by the plaintiffs, their lawyers, and the central government, following the July Supreme Court’s decision that ruled the former law unconstitutional at the time of its enactment.

According to the plaintiffs' lawyers, this case at the Nagoya High Court is the last of its kind.

Presiding Judge Takahiro Asahi read out the settlement clauses at the court, including the compensation amount.

These clauses also include that the government should be aware of its responsibility, reflect on the tremendous pain and suffering it has caused the victims over the years, and apologize to them. 

They also stipulate that the government will make its utmost efforts to eradicate eugenic ideology and prejudice against people with disabilities, and to realize a society where the dignity of all individuals is respected.

Keiko and Kazutaka married in 1975, and had a strong desire to have children.

But Keiko was forced to undergo sterilization that same year.

Since then, the couple had continued to live their lives but without ever mentioning the children they never had or the surgery.

In 2022, they filed a lawsuit against the government. But fearing discrimination and prejudice, they did not show their faces at the news conference and used pseudonyms.

However, halfway through the lawsuit, they decided to reveal their faces and names “for the sake of those who have not been able to disclose the damage that they have suffered.”

Keiko and her team have stated: “There are many victims who keep a lid on their hearts. We need an environment where those who cannot speak out can receive support with peace of mind.”

(This article was written by Misato Nara and Kyoka Watanabe.)