Applicant who wants to change gender from women to men
I did not treat the transsexual surgery or hormone, but I recognized the gender change
[서울=뉴시스]Kim Hye -kyung = A court ruling came in in Japan that allowed a gender change to the applicant who wanted to transform the gender into a man while maintaining the body of a woman.
The decision is attracting attention as an important judgment that the existing legal provisions that enforce physical changes in the process of gender changes may violate the Constitution.
According to the Nihon Geizai Shimbun (Nikkei) on the 24th, the Sapporo Family Court (corresponding to Korea’s Family Court) did not receive hormonal treatment and did not undergo breast restraint surgery for health reasons for the application of sexual identity disorders, but it changed its gender from women to men.
In Japan, all five requirements must be met in accordance with the ‘Special Disability Disability Act’ to make gender changes.
This special law will be ▲ 18 years of age or older ▲ will not have been married ▲ no minor children will be ▲ no reproductive function (means that you should remove the reproductive organs such as the uterus, ovary, and testicles, which means that you should not have a child or make it) ▲ The genitals will have a similar appearance to the gender after the change.
According to the decision of the court, Mr. A would be 18 years old or older, not married, and no minor children.
However, the Sapporo Family Court judged that “after the enactment of medical knowledge, medical knowledge has progressed, and demanding appearance requirements lack reasonable relationships.”
In addition, the exterior requirements were considered to be confused in public baths, but “Most of the people with gender identity disabilities have a sense of resistance to showing their body to others because of their discomfort,” he said.
In Japan, judicial judgments continue to respect the rights of sexual minorities.
Japan’s Supreme Court (corresponding to the Supreme Court) judged the “constitution” of the reproductive function requirements in 2019, but in October 2023, it was “unconstitutional.”
At the time, the claimant wanted to switch to a gender from men to women, but he did not meet genitals and did not meet the ‘reproductive function’ requirements and ‘exterior requirements’.
The Supreme Court believes that it is unconstitutional because it is a serious restriction on the freedom of not being violated by the body against its own intentions, which is guaranteed by Article 13 of the Constitution.
However, the exterior requirements were sent back to the Hiroshima High Court (corresponding to the High Court) without judging directly by the Supreme Court.
Since then, the Hiroshima High Court decided in July 2024 that there is room for unconstitutional. The Tribunal admitted that hormonal treatment could change the form of external genitals, and in fact, the applicant also saw feminization in various parts of the body by hormonal treatment, which met the appearance requirements. As a result, the Court allowed gender changes from men to women without transsexual surgery.
At the time, the ruling was evaluated as an important decision to expand the recognition of gender changes that do not force surgery, along with a cautious approach to the exterior requirements.
On the other hand, in terms of non -marriage requirements, the Kyoto Family Court did not recognize the gender change in March this year, saying, “It cannot be immediately contrary to the Constitution.”
After the unconstitutional decision of the Supreme Court, the Japanese National Assembly showed a move to consider the revision of the law, but there is no conclusion yet.
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