Japan Supreme Court declares sterilization requirement for legal recognition of transgender people unconstitutional

The Supreme Court of Japan ruled Wednesday that a law requiring transgender people to be sterilized in order to legally change their gender was unconstitutional. The case was decided unanimously by all fifteen justices hearing the case, and the law requiring sterilization of transgender individuals is now struck down.

Previously, since its introduction in 2004, the law governing how to legally change your gender in Japan was constructed of many steps. The Gender Identity Disorder Special Cases Act states that anyone who appeals to a family court to legally change their gender must: undergo a psychiatric evaluation, “have a physical form that is endowed with genitalia that closely resemble the physical form of an alternative gender,” and be surgically sterilized.

This last requirement was successfully challenged by a transgender woman in the Supreme Court on Wednesday. The Supreme Court held that the existing law “constitutes a significant constraint on freedom from invasive procedures” and thus violates the Japanese Constitution. The court further stated, “The suffering that [transgender people] face in terms of gender is also of concern to society that is supposed to embrace diversity in gender identity.”

This decision comes as a further progression of transgender rights in  Japanese courts. Most recently, on October 13, a Japanese court held it to be unconstitutional to require an individual to undergo gender-affirming surgery to obtain identification in line with their gender. Preceding this, the Supreme Court decided in July that banning transgender women from women’s bathrooms was was unlawful.

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Peru dispatch: Constitutional Court ruling on father’s naming rights when mother’s identity unknown to him is a victory for equality

According to article 20º of the Peruvian civil code: “The child has the first surname of the father and the first surname of the mother”; the last paragraph of article 21º of the same law states: “In case the mother does not reveal the identity of the father, she can register the child with her surnames”. The Peruvian civil code traditionally did not allow fathers to register their children without revealing the identity of the mother, a situation that violated the right of equality.

On September 27^th, 2021 Ricardo Moran filed a lawsuit against the National Identity and Civil Status Registry (RENIEC, in Spanish) requesting the registration of his minor children as Peruvian citizens, who were conceived through surrogacy in Texas, United States. RENIAC denied the request because, as noted, Peruvian civil code only allowed the unilateral registration of the children when the identity of the father was unknown, not the identity of the mother. For that reason, Ricardo Moran came to the Constitutional Court of Peru.

In this judicial instance, as opposed to the claims of the judges of the first and second instances, the judges valued the best interest of the child in accordance with the right to identity and nationality of Ricardo Moran’s children, principles and rights protected by conventional treaties and guaranteed by our constitution, in order to establish that even if children were born in another country, they can receive state guardianship if their parents have Peruvian nationality.

Subsequently, the Constitutional Court carried out a proportionality test on the RENIEC’s decision to initially deny the plaintiff’s request, in order to determine whether the right to name, nationality and equality of Ricardo Moran’s children were being violated under the existing civil law stipulating that a father must indicate the identity of the mother to be authorized to register their children. Along these lines, the last paragraph of article 21º of the Peruvian civil code was declared unconstitutional because there were no reasons to protect the differential legal treatment between fathers and mothers who want to register their children without revealing the identity of the other parent. In this way, the Constitutional Court of Peru weighed the right to the name and nationality of minors, which cannot be conditional on the recognition of both parents, whether it is the mother or the father who requests the registration on RENIEC.

This jurisdictional pronouncement marks an important milestone in the process of granting the same civil rights to both men and women in Peru’s civil legislation. Due to its old date (1984), there still are normative provisions in that that continue to perpetuate the management of social problems from a sexist perspective, as is the case in this case. Previously it was not conceived that a man could be a single father, therefore, only the rights of single mothers to register their children were protected. There is still a plurality of regulations currently in force that are not consistent with the Peruvian social reality, which is why the work of constitutional control undertaken by the Constitutional Court is essential and vital to prevent violations of human rights.

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Hong Kong appeals court upholds homosexual couple’s equal inheritance rights

Hong Kong’s Court of Appeal upheld homosexual couples’ right to inheritance by dismissing on Tuesday an appeal from the Secretary for Justice. The appeal sought to establish that homosexual and heterosexual couples are not entitled to the same rights under Hong Kong’s inheritance laws.

The case centered around Edgar Ng and Li Yik Ho’s concern over inheritance laws. Ng previously applied for judicial review of Hong Kong’s inheritance laws in 2019 as he was worried that his Li, his homosexual partner, would not be entitled to inherit his properties if he died without a will. The Court of First Instance allowed Ng’s review and found in favor of him in September 2020.

However, the Secretary for Justice appealed against the Court of First Instance’s ruling. Lawyer Abraham Chan represented the Secretary for Justice in the appeal. During the appellate hearing, he espoused that homosexual and heterogenous couples were entitled to different rights under Hong Kong’s inheritance laws because they constitute two materially distinguished groups.

Nonetheless, the Court of Appeal’s three-judge panel unanimously upheld the Court of First Instance’s ruling. The Court of Appeal said that the Secretary for Justice failed on his grounds of appeal and agreed with the Court of First Instance in finding that differential treatment of homosexual and heterogenous couples constituted discrimination against homosexual couples.

Upon receiving Tuesday’s judgment, Li wrote on Facebook:

I hope the Government will respect today’s judgment and at long last give Edgar the respect and dignity he’d always deserved … The present appeal is the 7th case in which the Hong Kong [c]ourts confirmed that there should be legal protection for same-sex couples.

This is not the first time Hong Kong courts have handed down judgments with respect to the rights of homosexual couples. On September 5, the Hong Kong Court of Final Appeal found that the Hong Kong government has a duty to legally recognize homosexual relationships. On October 17, the Hong Kong Court of Appeal dismissed appeals from the Hong Kong Housing Authority which sought to uphold the constitutionality of excluding homosexual couples from legal housing benefits as married couples.

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USA Cycling to segregate trans athletes in updated policy

More: https://www.thepinknews.com/2023/10/22/usa-cycling-trans-policy-uci/

Repost: When Discrimination is Not Enough – The Indian Supreme Court’s Rejection of Marriage Equality and the Illusion of Fairness

by Akshat Agarwal – Akshat Agarwal is a doctoral candidate at Yale Law School working on the legal regulation of the family.

The Supreme Court, India’s apex constitutional court, recently delivered its disappointing decision in Supriyo Chakraborty v Union India (Supriyo), rejecting marriage equality in Indian law. The much-awaited decision was heard by a constitution bench (five judges) of the Supreme Court and dealt with far-reaching questions of both Indian constitutional law and family law. The decision is characteristic of the Indian Supreme Court’s ongoing phase of great deference to the executive and legislative branches but also marks a sharp and worrying break from the court’s otherwise progressive jurisprudence on issues of gender and sexuality. …

More: https://verfassungsblog.de/when-discrimination-is-not-enough/

Austria is rehabilitating and compensating victims of criminal persecution for homosexual activities (1945-2002)

The Austrian federal government yesterday passed a bill rehabilitating and compensating the victims of criminal persecution (1945-2002) (revocation of all convictions + compensation for all convicts and for all persons afflicted by criminal investigations).

Compensations are modest:

-> Per conviction: EUR 3.000,–

-> Per each started year of deprivation of liberty: 1.500,– (same amount for 1 day and for one year)

-> Per each set of initiated criminal proceedings: EUR 1.500,–

-> For suffering from particular professional, economic or health detriments or other extraordinary negativ impacts: EUR 1.500,–

The European Court of Human Rights awarded (2002-2006)

-> per conviction: EUR 15.000,– (worth today: EUR 25.000,–)

-> Per month of deprivation of liberty: 5.000,– (worth today: EUR 8.500,–)

-> Per year of deprivation of liberty: 70.000,– (worth today: EUR 117.000,–)

-> For criminal proceedings (resulting in an acquittal): EUR 10.000,– (worth today: EUR 17.000,–)

See: https://www.hosiwien.at/hosi-wien-begruesst-geplante-rehabilitierung-und-entschaedigung-der-opfer-homophober-strafverfolgung/

India Supreme Court fails to legalise same-sex marriage

India’s Supreme Court has declined legalisation of same-sex marriage after a lengthy campaign, and public support, for a change in law.

See: https://www.thepinknews.com/2023/10/17/india-supreme-court-same-sex-marriage/

Canadian Human Rights commissioner resigns over new school pronoun rule to out kids to parents

A Canadian human rights commissioner has resigned after her province’s government said it would use a clause in its constitution to pass legislation preventing children under 16 from changing their names or pronouns at school without parental consent.

More: https://www.thepinknews.com/2023/10/17/canada-saskatchewan-heather-kuttai-education-pronouns-trans/

World Medical Association unequivocally condemns so-called “conversion” or “reparative” methods

WMA STATEMENT ON NATURAL VARIATIONS OF HUMAN SEXUALITY

Adopted by the 64^th General Assembly, Fortaleza, Brazil, October 2013 and
revised by the 74^th WMA General Assembly, Kigali, Rwanda, October 2023

PREAMBLE

Individuals who identify as LGBTQIA+ (Lesbian, Gay, Bisexual, Transgender, Queer, Intersex, Asexual, and other identities beyond these) represent a broad and fluid spectrum of natural sexual orientations, gender identities, gender expressions, and sex characteristics. While LGBTQIA+ people may share common cultural and social experiences and shared goals of justice and equity in the face of detrimental, discriminatory treatment and even violence, these are diverse communities facing distinct challenges and with specific needs in healthcare and beyond.

This statement is specifically focused on lesbian, gay, and bisexual people.

Healthcare professionals encounter many aspects of human diversity when providing care, including different natural variations of human sexuality.

A large body of scientific research indicates that being lesbian, gay, or bisexual constitute natural variations of human sexuality without any intrinsically harmful health effects. They do not constitute a disorder or illness that requires treatment or cure and any efforts to do so are contrary to the ethical practice of medicine.

Homosexuality and bisexuality are consequently not included in the World Health Organization’s (WHO) International Classification of Diseases (ICD 11).

However, direct and indirect discrimination, both interpersonally and at the institutional level, anti-homosexual or anti-bisexual legislation and human rights violations, stigmatisation, criminalisation of same-sex partnerships, peer rejection, and bullying continue to have a serious impact upon the psychological and physical health of lesbian, gay, or bisexual people. These negative experiences are perpetuated by a lack of education in society on the different natural variations of human sexuality. They lead to poorer health outcomes, including higher prevalence rates of depression, anxiety disorders, substance misuse, and suicidal ideations and attempts. As a result, the suicide rate among lesbian, gay, or bisexual adolescents and young adults significantly higher than that of their heterosexual peers.

These negative outcomes can be exacerbated by other intersectional factors, including but not limited to national origin, race, ethnicity, gender, age, religion, gender identity, socioeconomic status, or disabilities.

In addition, false and baseless pathologisation of lesbian, gay, or bisexual identities leaves such individuals at risk of being coerced into so-called “conversion” or “reparative” procedures. These harmful and unethical practices, also sometimes referred to as sexual orientation and gender identity change efforts (SOGICE), are intended to suppress or change a person’s natural sexual orientation or gender identity. These methods have no medical indication, lack any evidence of effectiveness, and represent a serious threat to the health and human rights of those subjected to these practices. They can lead to anxiety, depression, low self-esteem, substance abuse, problems with intimacy, and suicide.

Negative experiences in healthcare may affect the patient-physician relationship, leading lesbian, gay, and bisexual individuals to avoid accessing care where it is available. They may also withhold their sexual orientation from physicians due to the resulting lack of confidence that they will receive the appropriate treatment and concerns about the safety and confidentiality of their healthcare environment. Without this information, it may be more challenging for physicians to provide targeted care that takes into account the specific health needs of lesbian, gay, or bisexual patients.

Lesbian, gay, or bisexual physicians, medical students, and other health professionals also face discrimination, disadvantages, marginalisation and bullying in the workplace, in schools, in professional organisations, and beyond. Harmful working and learning environments can lead to stress and burnout, especially among marginalised individuals.

RECOMMENDATIONS

1. The WMA strongly asserts that being lesbian, gay, or bisexual does not represent a disease, but rather natural variations within the range of human sexuality.
2. The WMA condemns all forms of stigmatisation, criminalisation of and discrimination against people based on their sexual orientation.
3. The WMA asserts that psychiatric or psychotherapeutic support, when needed, must not focus upon the variations of sexuality itself, but rather upon conflicts which arise between those variations and religious, social and internalised norms and prejudices, as well as the health needs of the individual patient.
4. The WMA unequivocally condemns so-called “conversion” or “reparative” methods. These constitute violations of human rights and are unjustifiable practices that should be denounced and subject to sanctions and penalties. It is unethical for physicians to participate during any step of any such procedures.
5. The WMA calls upon all physicians to:

• classify physical and psychological diseases on the basis of clinically relevant symptoms according to ICD 11 criteria regardless of sexual orientation, and to provide quality, evidence-based care in accordance with internationally recognised treatments and protocols and in keeping with the principles set forth in the WMA International Code of Medical Ethics;
• provide a safe, respectful, and inclusive healthcare setting for lesbian, gay, and bisexual patients;
• foster safe, respectful, and inclusive work and learning environments for lesbian, gay, and bisexual physicians, medical students, and other health professionals;
• engage in continuing education and professional development to better understand the specific health needs of lesbian, gay, and bisexual patients and the benefits of certain treatments;
• where appropriate, involve patients’ same-sex partners and same-sex parents in healthcare discussions in keeping with the patient’s preferences, respecting their consent, and with due regard for patient confidentiality;
• speak out against legislation and practices violating the human rights of lesbian, gay, and bisexual people, which may also negatively impact the healthcare system at large;
• reject and refuse to participate in any step of so-called “conversion” or “reparative” methods.

6. The WMA calls upon constituent members and professional associations to:

• advocate for safe and inclusive working and learning environments for lesbian, gay, and bisexual physicians, medical students, and other health professionals;
• establish and enforce non-discriminatory policies in keeping with the WMA Statement on Non-Discrimination in Professional Membership and Activities of Physicians;
• create guidelines for physicians outlining the specific physical and mental health challenges facing lesbian, gay, and bisexual patients, where appropriate;
• Where possible, promote changes to medical education, specialty training and CME/CPD curricula to create sensitivity and awareness of the specific health needs of lesbian, gay, and bisexual patients;
• establish channels for lesbian, gay, and bisexual physicians to report incidents of discrimination or bias against themselves or lesbian, gay, or bisexual patients;
• in environments where confidentiality and patient safety are guaranteed and data cannot be abused, encourage voluntary data collection in the clinical setting and regular reporting on the health outcomes of lesbian, gay, and bisexual patient groups, while also taking intersectionality into account, to ensure and further improve targeted and appropriate healthcare provision;
• actively condemn so-called “conversion” or “reparative” methods as unethical.

7. The WMA calls upon governments to:

• reject and repeal anti-homosexual or anti-bisexual legislation;
• condemn and ban so-called “conversion” or “reparative” methods;
• promote policies that counteract health-related and other inequities caused by overt and implicit discrimination against lesbian, gay, and bisexual people;
• encourage education from an early age on diverse natural variations of human sexuality to increase acceptance and with the ultimate aim of promoting better physical and mental health for all individuals.

Source: https://www.wma.net/policies-post/wma-statement-on-natural-variations-of-human-sexuality/