Revising Japan’s Unconstitutional Law on Legal Gender Change for Transgender People
Members of Japan’s Diet are currently in the process of revising the law that allows transgender people to change their legal gender, following a ruling by the Supreme Court last October that deemed the current requirements unconstitutional. The law, which has been in place since 2004, has faced criticism for its stringent criteria, including a sterilization surgery requirement, psychiatric evaluation, and restrictions on marital status and parenthood.
The proposed revisions have sparked debates within the Diet, with some lawmakers suggesting troubling measures such as a lengthy waiting period and compulsory hormone treatment for transgender individuals seeking legal gender recognition. However, the World Professional Association of Transgender Health (WPATH) has strongly opposed the inclusion of medical requirements in the legal gender change process, stating that such measures amount to coercion and violate the rights of transgender individuals.
Advocates for transgender rights are calling for a more inclusive and respectful legal gender recognition process that is based on self-declaration and does not impose unnecessary medical or personal criteria. They argue that Japan has the opportunity to align its laws with international standards and provide robust legal protections for transgender individuals.
Prime Minister Fumio Kishida has also expressed support for recognizing the diversity of gender identities and ensuring that no one is denied their own gender identity. As the Diet continues to debate the revisions to the legal gender recognition law, the world will be watching to see if Japan takes a progressive step towards upholding the rights of transgender individuals.