The Historical Research of Legislative Process of the Eugenic Protection Act and Maternal and Child Health Administration in Japan

Saturday, 26 July 2014

Sachiko Tanaka, RN, PhD
School of Nursing, The Jikei University, Tokyo, Japan
Keiko Ogawa, MA, CNM
Department of Maternal Nursing, Tokai University Junior College of Nursing and Technology, Kanagawa, Japan
Yukari Kawahara, PhD, RN
Department of Fundamental Nursing, The Japanese Red Cross College of Nursing, Tokyo, Japan
Atsuko Yumoto, MA, CNM
Department of Womens Health Nursing, Graduate School of Nursing,, Dokkyo Medical University, Tochigi, Japan
Kazuko Yarimizo, BS
Council for Maternal and Child Health Promotion, Tokyo, Japan

Purpose: Selections by individuals concerning pregnancy and childbirth fundamentally depend not only on the individual’s will, but also on the country’s paradigm and policy of the time. In Japan, after more than 60 years from the Second World War, the broadest ever range of selections has become available concerning pregnancy and childbirth, with the effect of developing medical science. It is considered essential to look back on Japan’s historical systems related to pregnancy and childbirth, for the purpose of examining future maternal and child health administration and nursing. This study is aimed at clarifying the legislative process from the pre-war National Eugenic Act to the post-war Eugenic Protection Act, and to the present Maternal Protection Act in Japan.

Methods: A historical study based on interviews and literature search was conducted. The study period extended from August 2012 to March 2013. Interviews with Japanese civil organizations concerning maternal and child health were conducted in a semi-structured manner, where questions were asked relating to maternal and child health conditions and challenges in each period, influence on administrative measures in terms of relationship with today’s maternal and child health and hygiene. The responses were analyzed in time series, in combination with literature search results. The interviews were recorded with agreement of the respondents. The scope of literature search was set at materials concerning material and child health administration, and the search was conducted at the Library of the Ministry of Health, Labour and Welfare, Japan Family Planning Association, and other institutions. Approval was obtained from the Ethics Committee of the researcher’s organization, and adequate considerations were taken for the protection of privacy and copyright.

Results: The eugenic philosophy as the basis of Japan’s National Eugenic Act was imported from Europe into Japan. “An Essay on the Principle of Population”, written by T. R. Malthus, was focused on population control measures, and affected the concepts of eugenics and birth control toward a “better race”. Since 1900, eugenics was gradually linked to a desirable status of the country. Following the visit to Japan by M. Sanger, birth control activities also emerged in Japan. However, because the English term “birth control” was translated into a Japanese phrase “sanji seigen (birth limitation)”, it was misunderstood as including abortion, in contrast to Sanger’s true concept for birth control to “protect mothers and children”, which was not actually based on the population theory by Malthus. It is possible that Japanese people in those days incorrectly understood the birth control concept proposed by Sanger. As eugenics became increasingly closely tied to nationalism, the National Eugenic Act was enacted in 1940, aimed at improvement of the people’s nature. Following Japan’s defeat in war, there was a remarkable increase in artificial abortions, because substantial expansion of population was expected. This resulted in a rise in illegal abortions, causing concerns about possible injuries to mother’s health. The Eugenic Protection Act was enforced in June 1948, with a very short time period from its promulgation, suggesting the seriousness of maternal and child health problems caused by illegal artificial abortions. In the midst of pros and cons, this act made possible artificial abortions for economic reasons in 1949, triggering intense arguments concerning abortions and birth control. The Maternal Protection Act was established in 1996, as new problems arose, such as post-divorce abortions, artificial abortions by teenagers, and multiple pregnancies. Concepts for abortions and birth control have become more and more complicated, as science and technology develop while no clear answer to human life has been identified in the historical acts.

Conclusion: 1.     “An Essay on the Principle of Population”, written by T. R. Malthus, was focused on population control measures, and affected the concepts of eugenics and birth control toward a “better race”. 2.   Sanger’s true concept for birth control to “protect mothers and children”, which was not actually based on the population theory by Malthus. It is possible that Japanese people in those days incorrectly understood the birth control concept proposed by Sanger. 3.The Eugenic Protection Act was enforced in June 1948, with a very short time period. This act made possible artificial abortions for economic reasons in 1949 without protection of mother’s health.