1025 Press Release

In regard to whether Japan's “Hansen's Disease Patients’ Compensation Law” is applicable to the Hansen's disease patients in Taiwan as well as South Korea, which were both colonized by the Japanese government before the war, Tokyo District Court has announced the judgments against S. Korea and Taiwan respectively on October 25 morning. S. Korea's claim was overruled, yet subsequently, Taiwan received a winning verdict. The disparity was a result that the presiding judges of the two courts held different views toward whether “Hansen's Disease Patients’ Compensation Law” is pertinent to the overseas leper sanitariums run by the Japanese government. Nevertheless, the two presiding judges both believed that Japan's policy of absolute quarantine and detention was undoubtedly in violation of human rights. The presiding judge who tried the lawsuit filed by S. Korea against Japan thought, it was indeed a mistake that the Japanese Congress stipulated the said law without taking the overseas sanitariums into consideration. However, the said law only goes to cover the domestic sanitariums. As a result, S. Korea loses its case. On the contrary, the presiding judge for Taiwan's case believed, based on the principle of legal equality, the 25 surviving patients, who have been living in the leper shelter since the Japanese Colonial Period are governed by the Compensation Law. Thus, Taiwan wins the lawsuit. According to Japan's “Hansen's Disease Patients’ Compensation Law”, the amount of compensation will be adjudged by the time each patient moved into the sanitarium. Every patient will be compensated variously from 8 million to 14 million yens.

It is exciting news that Taiwan's Hansen's disease patients have won preliminary victory in the legal process against Japan. However, the government of Taiwan must take on a more active attitude toward eliminating the society's discrimination against Hansen's disease and regard Japan's “Hansen's Disease Patients’ Compensation Law” as a role model to give proper care to the patients of Lo Sheng Sanitarium instead of forcing them to move to a building that is unsuitable for living. The winning of the lawsuit for compensation is the fruit of the brave patients and the civil organizations’ efforts. This is an indication of progress in human rights. Yet, to receive compensation is not the only answer; what is more important is pursue the liability for violating human rights. The government shall not avoid its responsibility by paying the compensation. The medical professionals in Taiwan ought to furthermore face and recognize their mistakes, apologize and make up for the harm done.