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Start: 2024-05-07
End: 2024-05-07
Location: 8MEN Okinawa

The US State Department states: "there are no laws regulating or addressing same-sex couples adopting in Japan." 
It was reported in 2016 that many same-sex couples have been rejected by public authorities and are told “Children will never be fostered” by same-sex couples and “couples of friends are not accepted.” 
There is however one documented case from 2016 of same-sex foster parents in Osaka.

The ability for same-sex couples to legally adopt a child.

The national age of consent is equal for both same-sex couples and opposite-sex couples. Cities and prefectures may set higher ages of consent.

The difference between legal age of consent for homosexual sex and heterosexual sex.

Red Cross Japan reduces deferral for high HIV risk individual from 12 months to 6 months.

The ability for MSMs (men who have sex with men) to donate blood or tissue for organ transplants. A deferral period refers to a waiting time before a man can donate after having sex.

Gay men in Japan are banned from donating blood following one (1) year after male-male sexual contact. Japanese Red Cross opposses this practice.

In Japan, there are no laws restricting to discussion or promotion of LGBTQ+ topics.

Censorship or prohibition of discussing, promoting, or teaching LGBTQ+ topics in media, schools, and in the general public.

Amended Act No.111 of 2003 requires for transgender people to change their legal gender, (1) be at least 18 years of age, (2) not currently married, (3) no child less than 18 years, (4) infertile (no gonads or persistent lack of gonadal function), (5) and has a body which appears to have genital parts of those of the opposite sex. And also requires medical certificate by two or more psychiatrist. 
 
On October 16th 2023, a Japanese transgender man won his case in court to allow him to change his legal gender without sterilization. The law was deemed unconstitutional. It remains to be seen what changes will be made to the law and when they will come in effect.

Legal recognition of sex reassignment by permitting a change of legal gender on an individual's birth certificate.

Amended Act No.111 of 2003 requires for transgender people to change their legal gender, (1) be at least 20 years of age, (2) not currently married, (3) no child less than 20 years, (4) infertile (no gonads or persistent lack of gonadal function), (5) and has a body which appears to have genital parts of those of the opposite sex. And also requires medical certificate by two or more psychiatrist.

Act No.111 of 2003 requires for transgender people to change their legal gender, (1) be at least 20 years of age, (2) not currently married, (3) no child, (4) infertile (no gonads or persistent lack of gonadal function), (5) and has a body which appears to have genital parts of those of the opposite sex. And also requires medical certificate by two or more psychiatrist.

There are no laws banning conversion therapy in Japan.

Legal status of conducting sexual orientation changing therapy ("ex-gay" therapy)

Housing discrimination is illegal in Japan. Japan does not have national employment anti-discrimination laws, although Tokyo, Ibaraki and Akita offer local protections.

Prohibition of discrimination based on sexual orientation and/or gender identity.

Housing discrimination is illegal in Japan, and employment discrimination is illegal in Tokyo, Ibaraki and Akita (Nationwide pending)

While the Equal Employment Opportunity Law has been revised several times over the years to address sex discrimination and harassment in the workplace, the government has refused to expand the law to address discrimination against gender or sexual identity. The Tokyo Metropolitan Government has passed legislation banning discrimination in employment based on sexual orientation and gender identity. 
 
Companies in Japan consisting of ten or more employees are required to establish work regulations. In January 2018, the Ministry of Health, Labor and Welfare revised the Model Rules of Employment which "stands as the example framework for work regulations", to prohibit discrimination based on sexual orientation and "gender identification". Article 15 reads: 
 
 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.

Prohibition of discrimination based on sexual orientation and/or gender identity in employment, including hiring, promotion, termination, harassment, etc.

In 1995, Japan adopted the ICD-10 classification, which contains codes for diagnosing transsexualism in adulthood and childhood, which authorize the initiation of medical transition.

Medical and psychological support designed to help individuals transition to the gender they identify with, including hormone replacement therapy (HRT) and surgeries.

In 1979, Japan adopted the ICD-9 classification, which included codes allowing for the diagnosis of transsexualism in adults.

Anal sodomy was decriminalized in 1881 when the provision was dropped from Japan's Penal Code. It was eliminated by supervision of Gustave Boissonade, a French legal scholar who served as an advisor to develop the legal system in Japan.

Consensual sexual activity between individuals of the same sex.

Sodomy ("keikan") was criminalized in 1873 with article 266 of the Meiji Legal Code, however, it was hardly ever punished, with only 20 recorded instances of sodomy during 1876 to 1881.

Since autumn 2003, 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 300 properties that it operates. This opened the way for more such action, as the Osaka Government in September 2005 opened the doors of its government housing to same-sex couples. 
 
In February 2018, 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."

Prohibition of discrimination based on sexual orientation and/or gender identity when applying for housing or discrimination by landlords / property owners.

Medical interventions performed on intersex infants to alter their genital appearance to conform to typical male or female standards, often without the informed consent of the child who is too young to participate in the decision-making process.

Japan only recognizes heterosexual marriages. Some prefectures offer "partnership oaths" for same-sex couples, with some legal rights.

Marriage and marriage recognition between two people of the same biological sex and/or gender identity.

Article 24 of the Japanese Constitution states that "marriage shall be based only on the mutual consent of both sexes and it shall be maintained through mutual cooperation with the equal rights of husband and wife as a basis".

Japan has a Self Defense Force in place of a traditional military. There is no specific policy either banning or encouraging LGBT participation in the Self Defense Forces. Research by Sabine Fruhstuck has shown that many Japanese do not object to open LGBT service in the military provided it does not interfere with their performance.

The ability for homosexuals to serve in the military and be open about their sexuality.

Non-binary gender is not legally recognized in Japan. 
 
However, the city of Yokosuka recognizes the relationships of people of all genders, including "x-gender", the common term for non-binary in Japan.

Legal recognition of non-binary, genderqueer, or third gender identities.

Japan

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