The Supreme Court in Japan has ruled that the country’s laws which require people who are transgender to undergo sterilization medical treatments in order to be officially recognised are unconstitutional.
The decision from the country’s top court follows a similar verdict being handed down by the Family Court just weeks ago. The legal win has been seen as a major victory for the local LGBTIQA+ community.
Japan’s current laws require people wishing to change their gender to apply to the court, they must have undergone a psychological evaluation, surgery and must also be single and not have any children under the age of eighteen. The law has been in place for the last 20 years.
The plaintiff in the case argued that her reproductive ability had already been impacted by years of hormone therapy and additional surgery was not required. Human rights groups have advocated for the laws to be changed for many years, and the Supreme Court had previously flagged the need for legislative change in an earlier case two years ago.
“The restriction of freedom from bodily harm under this provision has become increasingly unnecessary at this point in time and the degree of the restriction has become more serious. Therefore, the provision in question is not necessary and reasonable,” the court said in its ruling.
“The fact that they must unwillingly undergo removal of their reproductive capacity in order to match their self-identified sex with their legal sex is a cruel choice,” the judgment said.
The Supreme Court in Japan rarely declares laws unconstitutional and this only the twelfth time it has occurred since 1945 that such a declaration has been delivered. The decision means that the government must now review the legislation and make adjustments.
The Supreme Court however did not make a decision on another part of the law which requires transgender people to have sexual organs that look like those of the opposite sex. Instead, this part of the case was referred back to a lower court. The legal representatives for the plaintiff said it was disappointing that this had occurred.
OIP Staff
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