人权观察-修改日本法律性别承认程序的势头（英文）-2021.5-54页_1mb

Summary of "The Law Undermines Dignity: Momentum to Revise Japan's Legal Gender Recognition Process"

Core Content

Human Rights Watch has released a report highlighting the outdated and discriminatory nature of Japan's legal gender recognition process. The report critiques the Gender Identity Disorder Special Cases Act (GID Act), which was enacted in 2004, for requiring transgender individuals to undergo mandatory psychiatric evaluation, coerced sterilization, irreversible surgery, age restrictions, and prohibition on having underage children. These requirements are based on a medical model that has been discredited internationally and violate fundamental human rights such as the right to privacy, freedom of expression, and the right to family life.

The report underscores that the GID Act is not unique to Japan, as similar laws existed globally in the early 2000s, but has been roundly criticized by human rights bodies, medical organizations, and legal experts. It also notes that international standards, such as the World Health Organization’s ICD-11, have removed "gender identity disorder" from the list of mental disorders, signaling a shift toward more inclusive and rights-based approaches.

Japan's legal system continues to perpetuate prejudice against transgender individuals, especially through stereotypes that justify restrictive policies. For instance, the government and Supreme Court have cited the risk of transgender men becoming pregnant as a reason to maintain the sterilization requirement, which is both unjustified and harmful.

Main Points

• The GID Act is outdated and discriminatory, requiring transgender people to undergo invasive and irreversible medical procedures to change their legal gender.
• The medical model used in the GID Act is based on outdated and pejorative concepts, such as viewing transgender identity as a mental disorder.
• The five criteria (age, marital status, children, sterilization, and surgery) limit autonomy and undermine dignity, as noted by transgender individuals and experts.
• International human rights law and medical standards have moved away from these requirements, with Sweden, the Netherlands, and other countries repealing or revising such laws.
• Japanese public opinion has become more supportive of transgender rights, as seen in surveys and social media reactions, but legal reforms lag behind.
• Transgender people in Japan face systemic barriers in accessing legal recognition, employment, education, and healthcare, which are exacerbated by the GID Act.
• The Supreme Court has acknowledged the human rights concerns of the GID Act but has not yet overturned it, leaving it in place despite its flaws.

Key Recommendations

To Members of the Diet

• Amend the GID Special Cases Act to remove the five criteria and replace them with a self-declaration model that respects transgender individuals' rights.

To the Ministry of Justice

• Support the revision of the GID Act to align with international human rights standards and medical best practices.
• Ensure legal recognition of transgender people's gender identity applies to all aspects of their lives.
• Allow transgender children and young adults to change their legal gender before the age of majority, with due consideration of their opinions.
• Eliminate the requirement that transgender people be single to be legally recognized.

To the Ministry of Foreign Affairs

• Invite the UN Independent Expert on Sexual Orientation and Gender Identity to visit Japan and engage with transgender individuals, service providers, and government officials.

To the Ministry of Health, Labor and Welfare

• Adopt the WHO's new diagnostic category of "gender incongruence" and align the GID Act with ICD-11.
• Launch a joint process with the Ministry of Justice to institute a self-declaration-based legal gender recognition system.
• Ensure access to medical and psychological support for transgender individuals, regardless of whether they pursue medical steps or legal gender change.
• Cover all gender transition-related interventions in health insurance.
• Provide training for healthcare professionals on the specific needs and rights of transgender people.

Methodology

Human Rights Watch conducted interviews with transgender individuals, activists, and experts in Japan, as well as consulted secondary sources such as medical journal articles and policy documents. The research updates previous findings from 2016 and 2019, and includes court cases and public opinion data from surveys. The report emphasizes ethical and legal considerations, including the need for informed consent and respect for dignity.

Conclusion

The GID Act is fundamentally flawed and contrary to international human rights norms. Human Rights Watch calls for an urgent revision of the law to remove medical requirements and grant transgender individuals autonomy in determining their legal gender. The report highlights the importance of legal recognition for social equality and dignity, and the need for Japan to align with global standards in this area.