Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Discrimination based on race, ethnicity, nationality, sexual orientation, or gender identity is not prohibited.
Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity
The law requires transgender persons to be without reproductive capacity, effectively requiring surgical sterilization for most persons, in order to have their gender identity legally recognized. They also must meet additional conditions, including undergoing a psychiatric evaluation and receiving a diagnosis of “gender identity disorder,” a disorder not recognized in the International Classification of Diseases; being unmarried and older than age 20; and not having any children younger than age 20.
No law prohibits discrimination based on sexual orientation or gender identity, and there are no penalties associated with such discrimination. LGBTI advocacy organizations reported instances of discrimination, outing, bullying, harassment, and violence. A letter signed by 96 human rights and LGBTI organizations and sent to the prime minister in April urged the Liberal Democratic Party to introduce legislation to protect against discrimination on the basis of sexual orientation and gender identity.
The parents of a student who fell from a school building in 2015 after his classmates disclosed he was gay appealed the Tokyo District Court’s 2019 dismissal of their civil lawsuit seeking damages from Hitotsubashi University. As of November the case was pending at an appellate court.
In April, two all-women national universities in the country, Ochanomizu University in Tokyo and Nara Women’s University in Nara, started accepting transgender students.
According to a government survey, just more than 10 percent of companies have policies aimed at protecting the rights of sexual minorities. LGBTI rights advocates welcomed an increasing number of municipalities that introduced ordinances to ban discrimination based on gender identity or sexual orientation and recognized same-sex partnership. The Ministry of Justice received a few inquiries about potential human rights violations based on sexual orientation and gender identity in 2019, providing the inquirers with legal advice.
Stigma surrounding LGBTI persons remained an impediment to self-reporting of discrimination or abuse.
There are two openly LGBTI national legislators, both of whom are members of the opposition Constitutional Democratic Party of Japan.