Japan’s Special Act on Gender Identity Disorder has long outlined five conditions that individuals must meet in order to legally change their gender. Among these conditions, several have recently come under legal scrutiny for their relevance and constitutionality.
In 2023, the Supreme Court struck down one such condition that required individuals to lack reproductive capability. The court declared this requirement unconstitutional, marking a significant development in the rights of transgender individuals in Japan.
More recently, the Sapporo Family Court addressed another contentious condition known as the “appearance requirement.” This condition mandates that individuals seeking legal gender change must undergo genital surgery or hormone treatment to alter their external appearance. However, the court ruled that this requirement lacks a rational connection to contemporary medical practices related to gender identity disorder and is therefore unconstitutional.
The petitioner in this case was unable to undergo surgery or hormone therapy due to concerns about allergies and potential side effects. This fact was central to the court’s decision, highlighting the need for legal standards to accommodate medical realities and individual health circumstances.
This ruling, issued on September 24th, marks the first time a court in Japan has declared the appearance requirement unconstitutional nationwide. It represents a pivotal step toward more inclusive and medically informed legal frameworks for gender identity recognition.
https://newsonjapan.com/article/147014.php