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DPI-Japan’ Statement about the Bill on Special Provisions to the Civil Code regarding legal parent-child relationships of children born through Assisted Reproductive Technology

2020-12-08 Life with Dignity

DPI-Japan has published the following statement regarding the Bill. (The bill has passed both the House of Councillors and the House of Representatives and became Law on 4th December 2020.)

DPI-Japan’ Statement about the Bill on Special Provisions to the Civil Code regarding legal parent-child relationships of children born through Assisted Reproductive Technology

November 30th, 2020

To: Mr. YOSHIIE Hiroyuki,
Chairmen of the Committee on Judicial Affairs,
House of Representatives

DPI-JAPAN is a civil society organization of people with disabilities, consisting of 94 disabled people’s organisations in Japan, aiming at an inclusive society where no one is separated from their communities because of their disabilities.

We are deeply concerned about the bill which in Article 3(4) states that “The children who are born through Assisted Reproductive Technology shall give consideration to born and foster with a sound manner mentally and physically”.

We regard the clause could cause serious problems. It could link to the eugenics philosophy that deny the existence of persons with disabilities, which says it is no meaning if we are not being in a sound manner mentally and physically.

We need to recall that under the ex-Eugenics Protection Act (abolished in 1996) which aimed “from the aspect of eugenics to prevent defective descendants”, many people suffered serious life long damage through and trample down their dignity by coercive sterilization based on disabilities. The discussions on the issues at the Diet resulted in the Relief Act and the (now-Former) Prime Minister apologised; and the government has been investigating the legislative history and circumstances of damage.

Also, looking back in the 1970s, the Basic Law for Physical and Mental Disabilities had stated “preventing the occurrence of disability” in it’s chapter 2. It encouraged “the movement for preventing the birth of disabled children” in local governments throughout 1970s. We must not forget the history that both national and local governments had undertaken measures presuming persons with disabilities as “that should not exist”.

We strongly demand the deletion of the phrase “with a sound manner mentally and physically” base on the fact of history which denied the existence of persons with disabilities under the provisions of laws.

HIRANO Midori
Chairmen
Japan National Assembly of Disabled Peoples’ International (DPI-JAPAN)

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