Supreme court rejects damages suit by children of Hiroshima hibakusha

Japan's Supreme Court has rejected a damages lawsuit filed by 27 children of Hiroshima atomic bomb survivors, upholding lower court rulings in favor of the state. The plaintiffs argued that excluding hibakusha children from the hibakusha support law was unconstitutional.

On January 26, 2026, Japan's Supreme Court's First Petty Bench issued a decision confirming lower court rulings in favor of the state in a damages lawsuit brought by 27 children of hibakusha from Hiroshima.

The plaintiffs contended that excluding children of atomic bomb survivors from the hibakusha support law violated the constitution. In February 2023, the Hiroshima District Court dismissed the suit, stating that parliament held discretion over the law's scope. The Hiroshima High Court upheld this in December 2024.

A similar lawsuit by children of Nagasaki hibakusha was rejected by the Supreme Court in January 2025. These rulings underscore the judiciary's deference to legislative decisions on support for victims of the World War II atomic bombings.

The hibakusha support law primarily aids survivors with medical and financial assistance due to long-term effects of the 1945 bombings. The plaintiffs sought inclusion citing potential genetic impacts, but the courts did not accept this argument.

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