Japan ‘s Supreme Court: Unconstitutional to Require Sterilisation for Gender Change
In a significant and groundbreaking decision, Japan’s Supreme Court has declared it unconstitutional to require citizens to undergo sterilization surgery as a prerequisite for legally changing their gender. The ruling comes after a transgender woman filed a petition challenging the 2004 law that mandated sterilization as a condition for gender change.
The 2004 law had stipulated that individuals could only change their gender on official documents if they could prove they were incapable of reproduction. The law was widely criticized by human rights advocates and considered abusive and outdated. Human Rights Watch (HRW) hailed the recent Supreme Court decision as an “important victory for transgender rights in Japan.”
Kanae Doi, Japan Director at HRW, emphasized the significance of the ruling, stating, “This judgment upholds the rights to health, privacy, and bodily autonomy of trans people in Japan,” and highlighted the years of advocacy and litigation that had been undertaken to challenge the law’s requirement.
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This verdict represents a reversal of the Supreme Court’s 2019 decision, which had previously upheld the constitutionality of the law. Japan was one of only 18 countries worldwide that mandated sterilization surgery for gender recognition, a requirement that was condemned by the World Health Organization. Furthermore, Japan is the sole Group of Seven (G7) nation that does not legally recognize same-sex unions.
The petitioner’s lawyer argued that years of hormone therapy had already significantly reduced her reproductive capacity and that gender confirmation surgery was physically grueling and carried the risk of adverse effects. Her request had been denied by both the family court and high court before reaching the Supreme Court.
Opponents of changing the law argued that allowing individuals to change their registered gender without surgery could lead to women feeling unsafe and cause legal complications. Despite some conservative opposition, recent opinion polls in Japan have shown growing support for LGBTQ-friendly laws. This ruling is a step towards recognizing and protecting the rights of transgender individuals in Japan and is part of a broader conversation around LGBTQ+ rights in the country.
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