The Tokyo District Court ruled that the Maternal Protection Law, which largely prohibits sterilization procedures, does not violate the constitution, despite finding the requirements for such procedures to be lacking in rationality and deserving of reconsideration.
On the 17th, the Tokyo District Court ruled in favor of the constitutionality of the Maternal Protection Law, which bans sterilization procedures intended to prevent childbirth. This ruling arose from a lawsuit filed by five women in their 20s and 30s, who argued that the law infringes on their reproductive self-determination rights as established under Japan's constitution. The court dismissed their claims for compensation, affirming that the law does not violate constitutional principles. However, it did note that the current prerequisites for undergoing a sterilization procedure are lacking in rationality given the objectives of the law and should be subject to appropriate review.
Under the Maternal Protection Law, sterilization can only be performed if there is a risk to life from pregnancy or childbirth (termed 'life-threatening') or if the woman has already had multiple children. Additionally, the woman's spouse must agree to the procedure, leading to significant restrictions for unmarried women and those without children. The plaintiffs argued that state restrictions on their choice not to have children violate Article 13 of the constitution, which defines the respect for individual dignity. They claimed that their inability to access sterilization procedures caused them mental suffering, for which they sought damages.
The government defended the law by asserting that the right to undergo sterilization is not guaranteed by the constitution and highlighted that alternative contraceptive methods are available. It justified the regulations by explaining that concerns about regret following sterilization procedures validate its application as both reasonable and constitutionally compliant. The Maternal Protection Law has its historical roots in the 1940 'Eugenics Law,' which sought to control population growth through strict reproductive policies. Although the law was amended in 1948 and later in 1996 after public opposition to forced sterilizations, calls for removing all restrictions on voluntary sterilization procedures have largely gone unaddressed, reflecting a lingering tension around reproductive rights in Japan.
