Japan’s Supreme Court invalidated a rule that required sterilization surgery to formally authorize a gender change for a person on a family registration on Wednesday (Oct 25) in a landmark judgment, according to media sources.
The court’s 15-judge bench said that the statute is “unconstitutional,” contradicting a previous finding in 2019 that declared these criteria are “currently constitutional.”
The action was filed by an unidentified transgender woman under the age of 50, whose lawyers claimed that the demands violated their client’s constitutional right to live a life free of prejudice.
Other reasons highlighted by the lawyers include physical suffering and financial stress that transgender people face in order to comply with the law’s requirements.
Kanae Doi, Japan Director at Human Rights Watch before the Wednesday (Oct 25) ruling reportedly said, “For anyone, having their gender legally recognized is an extremely fundamental human right, so being required to undergo sterilization to enjoy that right is a significant violation of human rights.”
Is the ruling harmful to women’s rights?
Another set of reasons was advanced by parliamentarians and women’s rights organizations who were opposed to any modifications in the law. They claim that the verdict will cause uncertainty and harm women’s rights.
This newest verdict by Japan’s highest court follows a groundbreaking case in which a man attempted to legally alter his gender without surgery. A local family court decided in favor of the man last week, clearing the way for Wednesday’s (Oct 25) ruling.
According to the law requirements, people in Japan who desire to change their gender must show a diagnosis of gender dysphoria, along with fulfilling five other requirements. The “Gender Identity Disorder (GID) Special Cases Act” said that the applicants for gender change must undergo a psychiatric evaluation, be surgically sterilized, should be single and without children below the age of 20.
