A Japanese court rejected Monday a damages suit filed by the children of Nagasaki atomic bomb survivors seeking eligibility for financial support from the government.

The Nagasaki District Court ruled that the state not providing aid to so-called second-generation hibakusha, who were born to atomic bomb survivors, did not violate the constitutional guarantee of equality under the law.

Although the plaintiffs claimed that their parents' exposure to radiation in the 1945 U.S. atomic bombing had affected their health, Presiding Judge Hiroyoshi Amakawa said the genetic influence of radiation could not be determined.

The scope of the atomic bomb survivors' assistance law will be left to the legislature's discretion, the judge noted when handing down the ruling.

Photo taken on Dec. 12, 2022, shows a courtroom of the Nagasaki District Court before a panel of judges handed down a ruling rejecting a damages suit filed by children of Nagasaki atomic bomb survivors. (Kyodo)

The plaintiffs had contended during the trial that there was no rational reason to disqualify children of atomic bomb survivors from government aid, citing research pointing to the possible hereditary effects of radiation exposure.

But the court did not accept the plaintiffs' treatment as discriminatory, saying, "It can only be said that we cannot deny the possibility of a hereditary influence of atomic bomb radiation exposure."

A lawyer for the plaintiffs said the ruling was "unjust."

It was the first ruling over the radiation impact on survivors' children, with a similar case in Hiroshima yet to be ruled on. The 28 plaintiffs had sought 100,000 yen ($730) each from the government.

The government currently provides various forms of financial assistance to recognized survivors and covers the full cost of their medical expenses. Such aid does not extend to their children.

The government had disputed the claim, saying that the effects of radiation exposure on the children were not confirmed and that there was therefore no legislative obligation to expand the scope of the financial aid.

It had additionally demanded that the plaintiffs prove scientifically that the survivors' exposure had an impact on their children's health.


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