Compensating Victims of Forced Sterilization in California: A Historical Injustice

Case Overview: Key Facts and Context

There are many cases of injustice in human history whose victims deserve to be compensated. The case under consideration focuses on one of the cases of eugenics, which was subsequently defined as malicious and pseudoscience (Galton & Darwin, 2017). In this case, the victims were individuals who were deemed unfit for procreation in the state of California from 1909 to 1979 and were subjected to forced sterilization (Trotta, 2021). The compensation program included the establishment of a $7.5 million fund, and this case included those who were sterilized in prisons after 1979.

The overdue recognition of harm was underscored by an attempt to redress the historical injustice caused by state eugenics policies. Thus, it is worth highlighting the accomplishment of compensating survivors of forced sterilization. However, of the estimated number of over 20,000 victims in the state, approximately 350 survivors were determined to be alive at the time of the decision, which implies a fund allocation of over $21,000 for each (Trotta, 2021). This payment was guaranteed through the state budget and state legislative efforts.

Compensation Assessment: Was It Provided?

The compensation was provided in recognition of violations committed by the federal government and specifically by the state intentionally against certain groups of people. The restriction on membership in California society and the birth of children directly demonstrates segregation and discrimination on various grounds. Certainly, the amount and timeliness of the relief granted cannot be declared adequate. The persecuted individuals, predominantly racial and ethnic minorities, have not had the opportunity for a normal life following the violation of their rights. For this reason, the overdue recognition of harm is meager and extremely late.

Fair Compensation: Determining an Equitable Amount

Determining the exact amount of compensation is poorly realizable in the context of the complexity of the harm suffered. Such an approach, unlike restitution, must combine consideration of emotional, physical, and psychological damage, while the actions that provoked the harm cannot be exonerated (CSG Justice Center Staff, 2017). Nevertheless, providing an allocated amount may be the first step towards recognizing and attempting to make amends. The calculation of exact compensation for such a serious human rights violation should reflect the gravity of the harm caused, consider the victims’ views, and compensate for historical injustices. Thus, in an ideal format, the amount should amount to several hundred thousand dollars for each victim of state-sponsored violence.

References

CSG Justice Center Staff. (2017). In brief: Victim compensation programs and restitution. CSG Justice Center. Web.

Galton, F., & Darwin, C. (2017). Eugenics. HISTORY. Web.

Trotta, D. (2021). California to compensate people forcibly sterilized under eugenics. Reuters. Web.