High Court decision Representative of the Gender Medicine Research Group on suspicion of unconstitutionality of appearance requirements for gender change Stricter diagnosis and application procedures and Laws to protect women s spaces
On the 10th, the Hiroshima High Court ruled in favor of a remand for a family court hearing in which a party who had not undergone surgery to change the appearance of their genitals and was found not to meet the requirement of the Gender Identity Disorder Special Cases Act that “their appearance must resemble the genitals after the change” (appearance requirement) sought to change their gender on their family register. Kato Shoko, co-chair of the Gender Medicine Research Group, which takes a cautious stance against “gender-affirming medicine,” which promotes the gender transition of young people who complain of gender dysphoria, emphasized the need to tighten the qualifications and standards of doctors who diagnose gender identity disorder in an interview with Sankei Shimbun. ■Surgery requirement to be essentially abolished The Hiroshima High Court’s decision pointed out that the current guidelines of the Japanese Society of Psychiatry and Neurology, which are used in the diagnosis of gender identity disorder, “are considered to differ depending on the patient” as to whether or not gender reassignment surgery is necessary. If it is interpreted that gender reassignment surgery is always necessary at this time in accordance with the provisions of the Special Cases Act, the appearance requirement provision “cannot help but be said to be suspicious of unconstitutionality.” Regarding the special law, the Supreme Court ruled in October last year that the provision of the law requiring the loss of reproductive function (sterility requirement) was unconstitutional, lowering the hurdle for changing gender. Kato pointed out that this decision “effectively abolishes the ’surgery requirement’ (combining the appearance requirement and the sterility requirement).” He also emphasized that “the possibility of people who should not be diagnosed with gender identity disorder being changed for the first time has increased.” In light of this, he also mentioned that in the future, it will be necessary to make stricter the application for diagnosis and gender change on family register. Specifically, he called for two things: 1) stricter qualifications for doctors who write diagnosis certificates, and 2) stricter guidelines from the Japanese Society of Psychiatry and Neurology. Regarding 1), he said, “For example, there is a very high hurdle for the qualification of ’designated mental health physician,’ but shouldn’t there be a similar restriction by law?” Currently, anyone with a medical license can write a diagnosis of gender identity disorder. Kato also gave a concrete example, saying, “I heard that the doctor at the clinic who filed a petition with the family court in six months to change the family register of dozens of ’FTM (female body, male mind)’ who have not undergone gender reassignment surgery is an obstetrician-gynecologist.” ■Law to protect women’s spaces Kato said, “In the first place, there are cases where gender dysphoria is caused by mental illnesses such as developmental disorders, depression, and schizophrenia other than gender identity disorder. In such cases, changing the body to the opposite sex does not improve the symptoms, and may even worsen the mental state. In Europe and the United States, such cases are occurring frequently among young people, and are becoming a problem.” He then expressed concern, saying, “Doctors who have not received specialized training as psychiatrists are likely to overlook other diseases or disorders that should be treated and easily diagnose gender identity disorder.” Regarding point ②, on the other hand, he said, “I heard that the guidelines of the Japanese Society of Psychiatry and Neurology are currently in the process of being revised,” and appealed, “I would like the content to be more evidence-based (scientific evidence). Considering that it will be used as the basis for gender change, the diagnostic criteria should be more strict than ever before.” In the West, there have been a number of cases where people who have changed gender and become legally women have been refused or restricted from using facilities such as sports gyms because they have male bodies, and have sued the facilities to allow them to use them.
Kato said, “I’m worried that something similar could happen in Japan,” and added, “Some kind of measure, such as the enactment of laws to protect women’s spaces and women’s sports, will be necessary.” (Okuhara Shinpei) 7/10 (Wed) 18:01
The Supreme Court is to blame! The Hiroshima High Court simply made its decision following the Supreme Court’s guidelines. Why not dissolve this stupid Supreme Court and let the final decision be made by a national referendum?
>>16 The body could be male, the heart female, and the sexual orientation lesbian. In this setting, it’s okay if he gets an erection in the women’s bath.
Can’t we just pit feminists and trans people against each other and make them annihilate each other? If we let them fight, wouldn’t it be interesting if it caused chaos?
>> “I heard that the doctor at the clinic who filed a petition in family court in the last six months to change the family register of dozens of ’FTM’ (female body, male mind) who have not undergone gender reassignment surgery is an obstetrician-gynecologist” What are we going to do about this?
There are cases where doctors themselves fabricate their own records to get welfare, so it’s wrong to trust only the words of the patient and the doctor. Get your dick ripped out before changing your gender on your family register.
He studied hard, graduated from a good university, and even became a judge, but all he can do is issue these crazy rulings? I mean, this is what happens when politicians don’t legislate properly.
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