Japan: Japan’s Supreme Court has declared that it is unconstitutional to mandate sterilisation before individuals can legally change their gender.
In 2004, a law defined that gender change was only allowed if individuals had no ability to reproduce.
The recent ruling on October 25, 2023, followed a petition by a transgender woman who challenged this law. Human Rights Watch has described it as “abusive and outdated.”
Japan is among 18 nations that enforce mandatory sterilisation surgery, a requirement that the World Health Organisation (WHO) also opposes. The woman’s attorney argued that her capacity for reproduction had already been reduced due to years of hormone therapy.
Furthermore, the surgery involved physical discomfort and the potential for post-operative complications. Both the family and the high court rejected her request before she turned to the Supreme Court.
However, certain groups against altering the law claimed that if individuals could change their registered gender without surgery, it might lead to concerns about women’s safety and legal complications.
Recent polls indicate a rising endorsement of LGBTQ-inclusive legislation, though there is resistance from conservative parts of society and political figures.
Earlier this month, a regional family court ruled in favour of Mr. Gen Suzuki, a transgender man who sought a legal gender change without the need for surgery.
The family court judge, Mr. Takehiro Sekiguchi, stated that the existing law violated Article 13 of the Constitution, which guarantees the respect of all individuals.
The 2004 special law mandates that those desiring to change their registered gender must undergo the removal of their original reproductive organs, including testes or ovaries, and possess a body that resembles the genital organs of the new gender they intend to register.
Court records from the October 11, 2023, ruling granting Mr. Suzuki’s request for a gender change without mandatory surgery indicate that over 10,000 Japanese individuals have officially altered their genders since the law’s implementation.
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