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The Legal Status of Transsexual and Transgender Persons in Japan

The Legal Status of Transsexual and Transgender Persons in Japan. Yuko Nishitani. 1. Legal Framework and Statistics 1.1 Legal Rules for Transsexual Persons. Introduction - Japan’s transgender culture - Modernization - But: nô; kabuki; pop culture [a picture of kabuki actor].

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The Legal Status of Transsexual and Transgender Persons in Japan

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  1. The Legal Status of Transsexual and Transgender Persons in Japan Yuko Nishitani

  2. 1. Legal Framework and Statistics1.1 Legal Rules for Transsexual Persons Introduction - Japan’s transgender culture - Modernization - But: nô; kabuki; pop culture [a picture of kabuki actor]

  3. [Two pictures of kabuki actor “Tamasaburo Bando”] Cf. Official Website: http://www.tamasaburo.co.jp/

  4. [Picture of female pop music group “Fudanjuku” dressed as men] Cf. Official Website: http://nfs724.com/

  5. [Another picture of “Fudanjuku” dressed as girls] Cf. http://nfs724.com/page/pageProfile/? http://nfs724.com/page/pageWhatsPc/?

  6. Historic Development • « Gender Identity Disorder » (GID) • Medical measures - 1969 Blue Boys case (physician convicted) - 1998 First legal gender reassignment surgery - 1997 Guidelines of the Japanese Society of Psychiatry and Neurology (JSPN) • Legal measures - Family Register - Change of the First Name: granted - Change of the Legal Sex: refused GID Act (16 July 2003)

  7. 1.2 Health Insurance • Prohibitive cost (approximately) $ 15,000 US for MtF $ 45,000 US for FtM • No public health care • Private insurance

  8. 1.3 Statistical Information 2003 GID Act (in force since 16.7.2004) = 2,847 decrees

  9. 2. Changing Legal Sex and/or Gender 2.1 Legal Procedure - Family Court decree (appeal to High Court and Supreme Court) - Non-contentious matter 2.2 Official Documents - A new family register - Indication to have changed the legal sex

  10. 2.3 Legal Requirements2.3.1 Legal Requirements under the GID Act (a) Being an Adult - At least 20 years old - Same as the general principles of civil law - Important personal matter (b) Being Unwed - No « homosexual marriage » - Legal order - Family relations

  11. (c) Childlessness - Family order and the “best interests of the child” - Two fathers or mothers? - Psychological burden Criticism 2008: Changed to the “Absence of Minor Children”

  12. (d) Loss of Gonad or Gonadal Function - Not to have a child on the basis of the prior sex - Avoid hormon secretion (e) External Genital Features of the Opposite Sex - Public policy (e.g., avoid confusion in public bath)

  13. 2.3.2 Diagnosis • Two or more physicians licensed in Japan • “Necessity to change the legal sex” (incl. real life test) • Guidelines of the Japanese Society of Psychiatry and Neurology (JSPN)

  14. 3. Consequences of the Change of Legal Sex and/or Legal Gender3.1 Future Rights, Duties and Entitlements • Name • Marriage and Parentage • No paternity for FtM • No surrogate motherhood • Other Consequences • Labour law • Criminal law • Pension System

  15. 3.2 Existing Rights, Duties and Entitlements • Existing rights and obligations persist (in principle) • (e.g.) family allowance • (e.g.) government-managed pension plan for women

  16. 4. Legal Challenges of the Existing Rules Advantages & Drawbacks of the GID Act • Sharp division between « male » and « female » • Strict requirements (1) Being unwed (2) Absence of minor children (3) Gender Reassignment Surgery Tolerance and Diversity

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