A high court in Japan has approved a request by a transgender person to change their legal gender without undergoing surgery.
Lawyers described the decision to approve the change from male to female in the family registry as highly unusual in Japan. This is because Japanese law effectively requires those who want to change their gender to have surgery to alter their physical appearance to resemble those of the opposite gender.
Sources close to the case said the high court handed down the decision on Wednesday for a person diagnosed with gender identity disorder, legally male but living as a woman.
Under current Japanese law, a person’s gender on the family registry can only be changed if certain conditions are met.
The law effectively requires those wishing to change their gender to undergo surgery so that they no longer have reproductive function and their genital organs resemble those of the opposite gender.
In response to the individual’s petition, the Supreme Court ruled in October that the requirement for surgery to remove reproductive function was unconstitutional as it violated the right not to be harmed.
It ordered a retrial regarding the surgery, and the case continued in the high court.
In handing down the decision on Wednesday, the high court reportedly said the requirement imposes an excessive restriction by forcing a choice between undergoing surgery and thus giving up the right not to be harmed, or forgoing the legal recognition of one’s gender identity.
The court also said that it is reasonable to interpret that the requirement can be satisfied as long as an individual appears to be of the opposite gender to others, even if surgery is not performed.
Based on this interpretation and the fact that the individual in this case had developed a feminine body through hormone treatment, the court granted the gender change.
Lawyers called the decision extremely unusual as the surgery has mainly been considered a requirement for those wishing to change their gender from male to female.
The individual who was granted the gender change expressed gratitude in a comment released by lawyers.
The person said: “A lifelong wish has finally come true. I’m so pleased that I’ll be freed from the hardships I’ve experienced due to the difference between my social gender and legal gender. I’d like to thank the many people who have supported me.”