2003 JAPAN LAW: TRANSSEXUAL RIGHTS
Keywords:  Transexual, Gay, GID, Gender Identity Disorder, Family Register, Family Law, Sex Change,
Copyright 2004. All rights reserved Attorney Roderick H. Seeman
===============================================================
The government of Japan has enacted a new law, the Law Concerning Special Cases in Handling Gender for People with Gender Identity Disorder, that permits people suffering from gender identity disorder (GID) to alter their sex in their family register, subject to certain strict conditions. The legislation was passed unanimously by the House of Representatives. The law will take effect in July 2004. To exercise such rights the applicant will have to have completed a sex change operation such that they no longer have functioning sexual organs, be over 20 years of age, unmarried and without children. Two doctors will have to issue a diagnosis that the applicant’s psychological makeup is different from his/her biological sex. Then, upon obtaining approval from the family court, the registry can be changed with respect to sex. The new legislation is expected to help people in filling out job applications and in voting. The Japanese Society of Psychiatry and Neurology issued guidelines on sex change operations in 1997. Such operations are being offered at Saitama Medical School and Okayama University. Critics have found the new legislation stricter than in other nations. In 2001 six transsexuals applied to the courts to change their register, even getting up to the Supreme Court, but all cases filed. That was before the new legislation. Interestingly, a transsexual who became the first such person to run for public office in April, 2003 when he/she ran for the Setagaya Ward Assembly was actually elected. There had been some question whether he./she could be permitted to run due to problems in entering sex information on the application form. Setagaya Ward officials referred the issue to the Ministry of Public Management, Home Affairs, Posts and Telecommunications which is in charge of elections. The ministry left it up to the ward, which decided to approve the application.