Japan’s Top Court Declares Sterilization Requirement for Transgender People Unconstitutional
Tokyo, Japan – In a landmark ruling, Japan’s top court has declared a government requirement for transgender individuals to undergo sterilization before being legally recognized as unconstitutional. The decision is being hailed as a victory for the LGBTQ community in Japan.
Under a law enacted 20 years ago, transgender individuals who wished to have their identity documents amended had to meet certain criteria, including being diagnosed with “gender identity disorder,” being at least 18 years old, unmarried, and without underage children. They were also required to have genital organs resembling those of the opposite sex and have no reproductive capacity, which meant undergoing invasive procedures such as sterilization and plastic surgery.
Rights groups have long criticized this law, and previous legal challenges had been rejected. However, this case, brought by a transgender woman who wanted to change her legal gender without surgery, proved successful. The Supreme Court ruled in her favor, declaring that the provision requiring sterilization violated the constitution.
In its ruling, the court stated that the restriction of freedom from bodily harm imposed by the provision was unnecessary and unreasonable. It also acknowledged that reproductive rights are considered fundamental human rights, and forcing transgender individuals to undergo sterilization in order to match their self-identified sex with their legal sex is a cruel choice.
This historic decision marks only the 12th time since World War II that the Supreme Court has deemed a legal provision unconstitutional. As a result, Japan’s parliament will now be required to review the law. However, it is important to note that only the provision requiring sterilization is being changed, and the requirement for transgender individuals to have genital organs resembling the opposite sex still stands.
The ruling has received mixed reactions. While the LGBTQ community praises and celebrates the decision, there are concerns about the remaining surgical requirements and broader societal attitudes towards transgender individuals. The plaintiff, in a statement read by her lawyer at a press conference, expressed surprise at the outcome but also stated that she was glad the case would lead to a positive direction.
Legal experts and activists view the ruling as significant, as there are very few judgments that deem existing laws unconstitutional. However, they also note that the lower court will still need to decide on the requirement for surgeries resembling the other sex.
The LGBT Law Coalition applauded the decision but also called for a fair decision on the remaining requirements for transgender individuals. The organization expressed strong regret over recent discriminatory incidents and widespread anxiety and fear faced by transgender individuals in Japan.
Despite the ruling, much work remains to be done to address discrimination and promote understanding of the LGBTQ community in Japan. The country still lacks legal protection for same-sex unions, making it the only G7 nation without such protections. Activists had hoped that a law promoting understanding of the LGBTQ community would be passed ahead of the G7 leaders’ summit in May, but the final version of the bill fell short of their expectations.
This ruling signals progress for transgender rights in Japan, but advocates continue to push for further change and greater inclusivity in society.