I diritti dei transgender in Giappone ed il nuovo ruolo della Corte Suprema

Transgender rights in Japan and the new role of the Supreme Court

Abstract

On October 25, 2023, the Japanese Supreme Court (最高裁判所 Saikō-Saibansho) declared the unconstitutionality of a provision in Law No. 111/2003, which mandated sterilization for transgender individuals seeking a change in gender identity on official documents. The unanimous ruling held that compulsory sterilization violated Article 13 of the Japanese Constitution, emphasizing the respect for all citizens as individuals. This landmark decision is particularly significant in a country where LGBTQ+ rights have faced challenges, and courts traditionally hesitate to scrutinize legislative choices. This analysis explores the legal and social aspects of transgender individuals in Japan, highlighting the constitutional implications of a rare judicial intervention in the face of historical “judicial passivity”.