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Japan's forced sterilisation victims win first court payout

The Osaka High Court overturned a lower court decision. ©AFP

Tokyo (AFP) - Three people in Japan who were forcibly sterilised under a now-defunct eugenics law were awarded damages on Tuesday in a landmark victory following court losses in similar cases, their lawyer said.

Around 16,500 people with disabilities were sterilised without their consent under the law, which was in force between 1948 and 1996, according to the health ministry.

Lawyers and campaigners have long criticised the government for failing to compensate the victims, and district courts have ruled against various claims in recent years, arguing that the 20-year statute of limitations had passed.

But on Tuesday the Osaka High Court overturned a lower court decision, with Japanese media reporting it had ordered the national government to pay a combined 27.5 million yen ($240,000) to the elderly trio.

"The disappointment of the plaintiffs and others reached the judge, and it was a moment that moved a mountain," their lawyer Tamano Tsujikawa said in televised comments.

The plaintiffs' demand had been struck down by a local court in 2020, citing the statute of limitations, but the High Court judge said the previous ruling "grossly violates the spirit of justice and fairness".

National broadcaster NHK and other Japanese media said it was the first time damages have been awarded in court for a forced sterilisation case.

The health ministry will review the case before deciding whether to appeal, government officials said.Health Minister Shigeyuki Goto told reporters the decision was a "very tough verdict for the government".

The three plaintiffs were an elderly couple, both of whom have hearing difficulties, and another woman with an intellectual disability, according to a local campaign group.

"I am happy our claim was accepted.But my sorrow of having to go through the operation continues even now," the woman with hearing difficulties said after the verdict, NHK reported, without disclosing her name.

"I want to continue our battle" so other victims will receive compensation in future rulings, she added.

The government has previously offered the victims a blanket payout of 3.2 million yen each -- an amount derided by campaigners as failing to match the seriousness of the issue.

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