Leprosy Court Case Shakes Japan
By Kay Schriner (kays@uark.edu)
Japanese society has been rocked by the claims of former leprosy patients that they were kept institutionalized and enslaved long after medical science had developed treatments that would allow them to live in the community.
Hundreds of people with leprosy - also called Hansen's disease - have filed lawsuits against the Japanese government alleging that their isolation violated their human rights. People with Hansen's Disease were required by the 1953 Leprosy Prevention Law to be isolated for treatment and many were sterilized or made to have abortions. While at the centers, the patients were required to work, and the labor often exacerbated their conditions. There are still more than 4500 people living in 15 special centers across Japan.
The 1953 law was repealed in April of 1996, but many patients found it difficult to re-establish themselves in society after long years of isolation. Many had few family or other social ties left because of the shame they and their families felt. After the 1996 repeal, hundreds filed damage claims against the government.
In a landmark decision, the Kumamoto District Court ruled in May that the government should pay 1.82 billion yen to 127 plaintiffs.
The court order set off a series of events that for a time threatened the balance of power in the Japanese national government. The case had captured widespread media attention and public opinion was in favor of compensating the former patients for their suffering. The government was portrayed as insensitive for its isolationist policies that persisted long after science had in the mid-1940's discovered ways of controlling Hansen's disease.
It first appeared that the government might appeal the court's ruling despite public opinion. But then, in a surprise move, Prime Minister Junichiro Koizumi announced that it would not.
Some observers believe that Koizumi's decision is the result of Health Minister Chikara Sakaguchi's threat to resign if the government appealed. Sakaguichi is a member of the New Komeito party, whose backing is required if the Prime Minister is to keep his ruling coalition majority in parliament.
Two days after the Prime Minister's announcement, he issued a formal apology to the former patients, a move believed to contribute to his public popularity. And his ruling coalition has drafted a bill that would provide compensation. The government's plan is to seek approval for the bill immediately and its enactment by June 11.
But his government has also issued a statement expressing concern about the precedent set by agreeing to pay damages for events that occurred more than 20 years ago - the time limit established in Japanese civil law.
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