Abstract

The aim of this article is to introduce details about the forced sterilizations performed under Japan’s Eugenic Protection Law (1948–96) and provide answers to questions about why such a piece of legislation could exist in postwar democratic Japan, how its constitutionality was discussed at the time, and how involuntary sterilizations were performed, perceived, and rationalized. It suggests that the law was conceived amid complex discussions on overpopulation and the quality of the ‘nation’ and that even though its constitutionality was put under question, these doubts were overlooked in favor of ‘public welfare’. This article also suggests that forced sterilizations were not only an attempt to improve the genetic stock of the Japanese nation but were a complicated mixture of the state’s willingness to promote sterilizations, care institutions’ and families’ inability or unwillingness to cope with the hygienic needs or sexuality of certain disabled people, and misguided concerns for the happiness or parenting abilities of these people.

摘要

本文的目的是详细介绍根据日本优生保护法（1948-96 年）执行的强制绝育，并回答有关为什么战后民主的日本会存在这样的立法，以及在日本如何讨论其合宪性的问题。时间，以及如何进行、感知和合理化非自愿绝育。它表明该法律是在关于人口过剩和“国家”质量的复杂讨论中制定的，尽管其合宪性受到质疑，但这些疑虑被忽视而有利于“公共福利”。这篇文章还表明，强制绝育不仅是为了改善日本民族的基因储备，而且是国家促进绝育的意愿的复杂组合，