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Lesbian couples and single women are unable to access IVF and artificial insemination. In April , Osaka officially recognised a same-sex couple as foster parents, making it the first such case in Japan. As of , sexual orientation and gender identity are not protected by national civil rights laws, which means that LGBT Japanese have few legal recourses when faced with discrimination in such areas as employment, education, housing, health care and banking.
The Japanese Constitution promises equal rights and is interpreted to prohibit discrimination on all grounds. However, homosexual and transgender persons can experience physical, sexual and psychological violence at the hands of their opposite-sex or same-sex partners, but receive no protection from the law.
LGBT rights in Japan - Wikipedia
In October , the Tokyo Metropolitan Assembly passed a law prohibiting all discrimination on the basis of sexual orientation and gender identity. The law, which took effect in April , also commits the Metropolitan Government to raise awareness of LGBT people and "conduct measures needed to make sure human rights values are rooted in all corners of the city".
The law outlaws expressing hateful rhetoric in public. In March , legislation banning discrimination against "sexual minorities" was passed in Ibaraki Prefecture. On 17 April , ninety-six human rights and LGBT organizations sent a letter to the Prime Minister calling for the passage of a non-discrimination law. Companies in Japan consisting of ten or more employees are required to establish work regulations. In addition to what are provided for from Article 12 to the preceding paragraph, employees are prohibited from any other forms of harassment at the workplace that are damaging to the work environment of other employees such as by way of speech or behaviour related to sexual orientation or gender identification.
While the court ruling does not seem to have extended to other areas of government-sponsored discrimination, it is cited by the courts as a civil rights case. Since autumn , the Urban Renaissance Agency, the government agency that operates government housing has allowed same-sex couples to rent units the same way as heterosexual couples at any one of the over properties that it operates. This opened the way for more such action, as the Osaka Government in September opened the doors of its government housing to same-sex couples. In February , the Ministry of Health, Labor and Welfare created provisions addressing discrimination in housing, stating that "consideration must be taken to not deny lodging on the basis of sexual orientation or gender identity.
In , the Education Ministry added sexual orientation and gender identity to its national bullying policy. In January , after a high-profile incident in , in which a gay student at Hitotsubashi University committed suicide after being outed against his will, the city of Kunitachi passed an "anti-outing" ordinance to promote understanding of LGBT people. However, LGBT rights activists criticized the bill for falling short by not mentioning same-sex marriage or anti-discrimination protections. In , a law was passed allowing transgender people to change their legal gender on legal documents.
Approval requires being over 22 years old, unmarried, undergoing sex reassignment surgery , sterilization , and have no minor children. The court wanted to prevent "confusion" within parent-child relations, as well as "abrupt changes" in Japanese society. Two of the majority judges still issued a call for society to "embrace the diversity of sexual identity", also adding that the requirements were invasive and encouraged the National Diet to review them. On 24 February , the Hyogo Lawyers' Association recommended that a transgender woman in a male prison be transferred to a female institution.
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She was subject to body checks by male staff, had her hair shaved, and was denied feminine clothing. Since April , transgender people have been covered for sex reassignment surgery as long as they are not receiving hormone treatment. In June , the Japanese Government enacted a new law lowering the age of majority in Japan to Among others, the new law sets the age of marriage at 18 for both men and women previously women could marry at the age of 16 and allows year-olds to obtain valid passports, credit cards, etc.
The law also allows people diagnosed with gender dysphoria and who have undergone irreversible sterilization to legally change their sex at the age of Gay and bisexual men are allowed to donate blood in Japan following a 6-month deferral period. The Japan Self-Defense Forces , when being asked about their policy toward people who are gay or lesbian following the U. While representations of homosexuals in the Japanese media tend towards caricature on the basis of stereotypes of sexual or behavioral deviance e. The education specialist Naoki Ogi more colloquially known by teachers across Japan by his nickname "Ogimama" has in past years given focus to LGBT issues in schools.
Most political parties in Japan have formal positions in favor or against LGBT rights in their party's platform or manifesto. The Liberal Democratic Party has indicated opposition to legalizing same-sex marriage , whereas the Constitutional Democratic Party , the Communist Party and the Social Democratic Party have indicated support for legalization.
In , the Council for Human Rights Promotion, under the Ministry of Justice, recommended that sexual orientation be included in the nation's civil rights code, but the Diet refused to adopt the recommendation. In , Aya Kamikawa became the first openly transgender politician to be elected to public office in Japan, winning a seat on the Setagaya Ward Assembly. She initially ran as an independent but expressed support for the now-defunct Rainbow and Greens party and later unsuccessfully ran for the National Parliament as a member of the Democratic Party of Japan.
She later briefly served on the House of Councillors in She won a seat in the general election and became the first openly lesbian member of the House of Representatives.
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In , Tokyo Governor Shintaro Ishihara faced international criticsm for controversial comments he made, in which he said that gays and lesbians were "deficient somehow. It may be attributed to something genetic. I feel sorry for them being a minority. In , Taiga Ishikawa became the first openly gay man elected to office in Japan, specifically as the representative for the local assembly of Toshima Ward. At the House of Councillors election , the conservative governing Liberal Democratic Party included in its manifesto, that "same-sex marriage is incompatible with the Constitution". While Inada announced she wishes to "promote understanding" of LGBT people, she stated she is not trying to get Japan to legalize same-sex marriage or ban discrimination against LGBT citizens.