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Tokyo District Court Upholds Sterilization Ban Under Maternal Protection Law, Questions Rationale

The decision keeps the restriction intact pending appeal.

Overview

  • The court ruled the law’s sterilization prohibition constitutional and dismissed the plaintiffs’ claims for damages and status confirmation.
  • The five women, all in their 20s and 30s, filed an appeal immediately after the judgment.
  • Presiding Judge Masayuki Kamano recognized a constitutional freedom of contraception but said Article 13 does not guarantee a right to sterilization.
  • The ruling criticized the law’s criteria as lacking rationality and urged appropriate review of the system.
  • The statute permits sterilization only in narrow cases and requires spousal consent, and domestic clinics had refused the plaintiffs, with one obtaining surgery overseas.