Hisui Tatsuta, a 24-year-old model in Tokyo, has filed a lawsuit against the Japanese government along with four other women, challenging the strict conditions that must be met in order for women to undergo sterilization procedures such as tubal ligation or hysterectomies. According to Japanese law, women must already have children, prove that pregnancy would endanger their health, and obtain the consent of their spouses in order to undergo these procedures, making it difficult if not impossible for single, childless women like Ms. Tatsuta to be sterilized. The plaintiffs argue that these requirements violate their constitutional right to equality and self-determination.
Representatives for the plaintiffs have described the Maternal Protection Act, which sets the conditions for voluntary sterilization in Japan, as “excessive paternalism” and reflective of outdated views on women’s bodies as being destined for motherhood. The plaintiffs seek to challenge these restrictions in order to take control of their reproductive choices and live the lives they have chosen. The lawsuit also seeks 1 million yen in damages per person with interest. However, experts believe that the plaintiffs may face challenges in gaining support for their case as the government is currently attempting to increase Japan’s declining birthrate.
In Japan, access to reproductive rights beyond sterilization is also limited. Birth control pills and intrauterine devices are not covered by national health insurance, and women who seek abortions are required to obtain the consent of their partners. The most common form of birth control in Japan is condoms. Women who choose not to marry or have children may face societal rejection and pressures to conform to traditional family expectations. The lawsuit regarding sterilization represents a broader fight for women’s autonomy over their bodies and life choices in Japanese society.
Sterilization is a particularly sensitive issue in Japan due to the historical context of the government forcibly sterilizing individuals with psychiatric conditions or disabilities under the Eugenics Protection Law. Despite revisions to this law in 1996, the stringent requirements for voluntary sterilization remain in place, affecting both men seeking vasectomies and women seeking tubal ligation or hysterectomies. Advocacy groups and women’s rights activists have pushed for changes to the law, but it has remained unchanged for decades.
The strict requirements for sterilization procedures reflect societal norms and expectations around gender roles and family duties in Japan. Women like Kazane Kajiya, a plaintiff in the lawsuit, have challenged these norms by asserting their innate values and desires to not have children. Kajiya’s aversion to motherhood is tied to her feminist outlook and desire to live freely and without the discomfort of societal expectations. The entrenched rule of the right-leaning Liberal Democratic Party and traditional family values have hindered progress in reproductive rights in Japan.
The fight for reproductive rights in Japan remains ongoing, with women like Hisui Tatsuta, Kazane Kajiya, and their fellow plaintiffs leading the charge to challenge the restrictive conditions for sterilization. The lawsuit represents a broader struggle for women’s autonomy and right to make informed choices about their bodies and lives. Despite societal pressures to conform to traditional gender roles, these women are pushing back against expectations and advocating for the right to live according to their own values and desires.
