New criteria for the certification system involving A-bomb diseases
Jan. 20, 2008
by Masakazu Domen
The Ministry of Health, Labor, and Welfare, which has been reviewing the criteria for A-bomb disease certification, presented a draft of new criteria to a ruling party project team and has gained their approval. This draft indicates that the existing certification system, based on “probability of cause,” will be broadly revised. The measure of “probability of cause” has been strongly criticized by the plaintiffs of a class action lawsuit contesting this method of certification. The basic content of the Ministry draft conforms to the proposal prepared by the ruling party project team at the end of last year. Over the next few months, the Ministry will finalize the details of the new criteria and then present them in April.
Chairman of the project team, Takeo Kawamura, commended the draft, remarking, “Abandoning the concept of ‘probability of cause’ is significant and will lead to a settlement of the class action lawsuit.” Secretary General of the Japan Confederation of A- and H- Bomb Sufferers Organizations, Terumi Tanaka, commented, “We applaud the fact that they have essentially adopted the proposal from the ruling party project team.” He expressed his intention to work towards an early settlement of the class action lawsuit while confirming that the new criteria will help a wider range of A-bomb survivors.
The draft, entitled the “Image of the New Certification System,” takes factors such as aging hibakusha and individual differences resulting from the effects of radiation into consideration. The proposal pledges to fully revise the existing certification system, eliminating “probability of cause,” and provide speedy and proactive recognition to eligible survivors.
According to the new criteria, if a person was exposed to the bombing within approximately 3.5 kilometers of the hypocenter, entered the city center (within 2 kilometers of the hypocenter) in the first 100 hours after the explosion, or stayed in the city roughly a week, then later developed cancer, leukemia, hyperparathyroidism, A-bomb cataracts, or myocardial infarction, the person will be certified without delay unless a special reason exists to deny certification. This revised criteria is basically in line with the stance of the project team that has insisted on the idea of “automatic recognition.”
The proposal also includes the provision that an applicant, if the particular case does not conform to the above standard, will be reviewed individually and judged in a comprehensive manner.
To date, roughly 300 plaintiffs are involved in the class action lawsuit at 15 district courts and six higher courts.
Last December, both the Ministry committee and the ruling party project team put forward proposed revisions to the certification system. However, the Japan Confederation of A- and H- Bomb Sufferers Organizations criticized the Ministry's proposal, contending that it still resorted to the use of “probability of cause,” while the group praised the plan by the project team.
Outline of new criteria
With consideration to aging hibakusha, the existing certification system, based on “probability of cause,” will be broadly revised and recognition will be granted speedily and proactively.
If a person:
1. was exposed to the bombing within approximately 3.5 km of the hypocenter, or
2. entered the city center in the first 100 hours after the explosion, or
3. more than 100 hours after the explosion, stayed in the city center roughly a week,then later developed cancer, leukemia, hyperparathyroidism, A-bomb cataracts, or myocardial infarction, the person will be certified without delay unless a special reason exists to deny certification.
If a particular case does not conform to the above standard, the applicant will be reviewed individually and judged in a comprehensive manner.
Based on past difficulties with the certification system, the process of evaluation will be streamlined for greater efficiency.
Keywords
Probability of cause
The concept that the probability of a disease has been caused by the effect of radiation based on a formula which takes into account the estimated dose at the distance from the hypocenter and the survivor's age and gender. Hibakusha organizations have criticized the use of this concept for the certification system of A-bomb diseases, arguing that residual radiation which lingered after the explosion and internal exposure from radiation taken inside the body are not well reflected in its evaluations.
The Ministry of Health, Labor, and Welfare, which has been reviewing the criteria for A-bomb disease certification, presented a draft of new criteria to a ruling party project team and has gained their approval. This draft indicates that the existing certification system, based on “probability of cause,” will be broadly revised. The measure of “probability of cause” has been strongly criticized by the plaintiffs of a class action lawsuit contesting this method of certification. The basic content of the Ministry draft conforms to the proposal prepared by the ruling party project team at the end of last year. Over the next few months, the Ministry will finalize the details of the new criteria and then present them in April.
Chairman of the project team, Takeo Kawamura, commended the draft, remarking, “Abandoning the concept of ‘probability of cause’ is significant and will lead to a settlement of the class action lawsuit.” Secretary General of the Japan Confederation of A- and H- Bomb Sufferers Organizations, Terumi Tanaka, commented, “We applaud the fact that they have essentially adopted the proposal from the ruling party project team.” He expressed his intention to work towards an early settlement of the class action lawsuit while confirming that the new criteria will help a wider range of A-bomb survivors.
The draft, entitled the “Image of the New Certification System,” takes factors such as aging hibakusha and individual differences resulting from the effects of radiation into consideration. The proposal pledges to fully revise the existing certification system, eliminating “probability of cause,” and provide speedy and proactive recognition to eligible survivors.
According to the new criteria, if a person was exposed to the bombing within approximately 3.5 kilometers of the hypocenter, entered the city center (within 2 kilometers of the hypocenter) in the first 100 hours after the explosion, or stayed in the city roughly a week, then later developed cancer, leukemia, hyperparathyroidism, A-bomb cataracts, or myocardial infarction, the person will be certified without delay unless a special reason exists to deny certification. This revised criteria is basically in line with the stance of the project team that has insisted on the idea of “automatic recognition.”
The proposal also includes the provision that an applicant, if the particular case does not conform to the above standard, will be reviewed individually and judged in a comprehensive manner.
To date, roughly 300 plaintiffs are involved in the class action lawsuit at 15 district courts and six higher courts.
Last December, both the Ministry committee and the ruling party project team put forward proposed revisions to the certification system. However, the Japan Confederation of A- and H- Bomb Sufferers Organizations criticized the Ministry's proposal, contending that it still resorted to the use of “probability of cause,” while the group praised the plan by the project team.
Outline of new criteria
With consideration to aging hibakusha, the existing certification system, based on “probability of cause,” will be broadly revised and recognition will be granted speedily and proactively.
If a person:
1. was exposed to the bombing within approximately 3.5 km of the hypocenter, or
2. entered the city center in the first 100 hours after the explosion, or
3. more than 100 hours after the explosion, stayed in the city center roughly a week,then later developed cancer, leukemia, hyperparathyroidism, A-bomb cataracts, or myocardial infarction, the person will be certified without delay unless a special reason exists to deny certification.
If a particular case does not conform to the above standard, the applicant will be reviewed individually and judged in a comprehensive manner.
Based on past difficulties with the certification system, the process of evaluation will be streamlined for greater efficiency.
Keywords
Probability of cause
The concept that the probability of a disease has been caused by the effect of radiation based on a formula which takes into account the estimated dose at the distance from the hypocenter and the survivor's age and gender. Hibakusha organizations have criticized the use of this concept for the certification system of A-bomb diseases, arguing that residual radiation which lingered after the explosion and internal exposure from radiation taken inside the body are not well reflected in its evaluations.
