Japanese High Court's Landmark Ruling for Transgender Rights

A Japanese high court approved a legal gender change for a transgender woman without compulsory gender-affirming surgery. This ruling could signal change in Japan's approach to gender issues, although LGBTQ+ groups call it a mixed victory as it overlooks those unable to undergo hormone therapy.


Devdiscourse News Desk | Tokyo | Updated: 11-07-2024 22:41 IST | Created: 11-07-2024 22:41 IST
Japanese High Court's Landmark Ruling for Transgender Rights
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A Japanese high court has approved a legal gender change for a transgender woman without requiring compulsory gender-affirming surgery, marking a significant step toward gender rights in the country.

Under current law, transgender individuals must be diagnosed with gender dysphoria and undergo genital surgery to change their gender on official documents. However, the Hiroshima High Court ruled that this requirement might be unconstitutional.

The claimant, a resident of western Japan in her late 40s, was assigned male at birth and had her gender reassignment request previously denied. The Supreme Court had ruled the sterilization requirement unconstitutional in October and sent the case back to reassess the surgery aspect. The High Court credited hormonal therapy for sufficiently feminizing her body.

LGBTQ+ groups have called the ruling a step forward but noted it falls short by not addressing those unable to undergo hormone treatment. The decision, though promising for transgender rights, is not legally binding, unlike the Supreme Court's ruling.

(With inputs from agencies.)

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