Voting victory for ALS patients in court

29 November 2002
The Asahi Shimbun

The election law, which does not let others vote on behalf of seriously disabled citizens, was ruled unconstitutional Thursday by the Tokyo District Court.

Three Tokyo residents who have amyotrophic lateral sclerosis (ALS)-a degenerative disease of the nerve cells also known as Lou Gehrig's disease-filed the suit seeking compensation from the central government for the Diet's failure to amend the Public Offices Election Law.

However, Presiding Judge Takahisa Fukuda ruled Diet members did not violate the provisions of the law for compensation from the state because they were not aware of individuals who could not vote under the Public Offices Election Law. The law stipulates that those who vote by mail must personally write in the name of the candidate or party of their choice.

People with ALS cannot move their muscles and communicate by blinking and using special word processors.

Two plaintiffs in the case were Akira Sasagawa, 52, and Hiroyuki Kaku, 58, both of Itabashi Ward. The bereaved family members of Yoshiko Murayama of Shibuya Ward carried on the suit after she died in August 2001.

The three were seeking compensation of 900,000 yen each, claiming they could not vote in the July 1998 Upper House election because of the provisions in the election law.

Disabled voters are allowed to have others write out the ballots on their behalf only if the individual appears at a polling booth or votes at specific facilities, such as hospitals.

The court ruled that the ALS sufferers could not leave their homes to vote because that would place their lives in danger.

The court then went on to determine whether the Diet had been negligent in failing to revise the law to allow ALS sufferers to vote. Pointing to systems in Australia and Denmark that let those with serious disorders vote, the court ruled that the current Japanese voting system violated both Articles 14 and 15 of the Constitution. Article 14 guarantees equality before the law for all citizens, while Article 15 guarantees universal suffrage.

However, the court absolved individual Diet members of any negligence for failing to revise the law.

``Although Diet members recognized there were problems with the voting system, there was no recognition that there were some people who could not vote and that such a condition was unconstitutional,'' the court ruled.

Lawyers for the plaintiffs said they would appeal the decision because it rejected all claims for compensation. However, lawyers were also calling the verdict an important step forward.

``We will send the verdict to all Diet members and encourage them to revise the law,'' said Susumu Murakoshi, who headed the team of lawyers representing the three plaintiffs.

Prior to the ruling Thursday, one of the plaintiffs, Sasagawa, used a special communication device to draw up a 500-word appeal on his own behalf.

``Even as someone suffering from serious physical disorders, I want to do whatever I can as a member of society,'' said the statement by Sasagawa.(IHT/Asahi: November 29,2002)

(11/29)