This is a major victory. Japan’s Supreme Court ruled on Wednesday that the legal sterilization requirement for transgender people who wish to change their sex in civil registers is unconstitutional. Reported by AFP, the ruling states that this legal constraint requires ” severe restrictions » to the life of the person and hinders « the free right not to suffer an attack on one’s body against one’s will”.
There is a legal action behind the decision
The institute was seized following a legal action brought by a transgender woman who asked to be legally registered as a woman without having to undergo surgery. The appellant argued that compulsory sterilization constituted a “serious violation of human rights and is unconstitutional”. She was dismissed by a family court, then by a higher court, she was finally heard by the Supreme Court which then ruled in her favour.
Already in 2019 the Supreme Court was called to rule on this issue but then confirmed the law, believing that it was intended to avoid ” problems “ in parent-child relationships that can lead to ” confusion “ AND “sudden changes” within the company. The Supreme Court, however, recognized that the legislation needed to be revised, to be in line with the constantly evolving social and family mores of Japanese society.
Strict criteria
In Japan, since a 2003 law, a transgender person must tick a series of boxes before they can formalize their gender transition in family court: having undergone sex change surgery, demonstrating lack of capacity reproductive (through sterilization in most cases), be single, have no minor children, and be officially diagnosed as having gender dysphoria,” that is, the distress caused by a mismatch between the sex assigned at birth and the gender with which a person identifies “, as stated franceinfo.
Despite this first step towards protecting the transgender community, taken by the country’s highest court, LGBT+ rights advocates deplore the lengthy, invasive and potentially dangerous medical procedures imposed by Japan. The country is also the only one in the G7 not to recognize same-sex marriage or civil unions nationwide.
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Source: Madmoizelle
Mary Crossley is an author at “The Fashion Vibes”. She is a seasoned journalist who is dedicated to delivering the latest news to her readers. With a keen sense of what’s important, Mary covers a wide range of topics, from politics to lifestyle and everything in between.
