@article{oai:sakuranoseibo.repo.nii.ac.jp:00000214,
 author = {元井, 貴子 and モトイ, タカコ and Motoi, Takako},
 issue = {47},
 journal = {桜の聖母短期大学紀要, BULLETIN OF SAKURA NO SEIBO JUNIOR COLLEGE},
 month = {Mar},
 note = {pdf, In 2003, the Special Law for Persons with Gender Identity Disorder was enacted, allowing the person concerned to change their gender to the gender they recognize. At first, this system appeared to be a ray of hope for those with gender identity disorder. In reality, however, the system was highly infeasible, with strict requirements to be eligible for a judge’s decision. In particular, its requirement of being incapable of reproduction has been strongly criticized because it involves an invasion of the body of the person concerned. However, under the special law, there are only two options: to identify one’s gender or to undergo sterilization. It would be a crucial identity-based benefit for the person concerned to have the gender they recognize publicly acknowledged. Thus, the requirement of being incapable of reproduction could indirectly coerce persons who do not wish to become reproductively incapacitated to undergo surgery. 
On the other hand, the treatment of gender is related to various legal systems such as family registers, marriage, and family. Therefore, changing the system that distinguishes between men and women based on biological criteria is not easy. Since such a system has historically been in place, there would be many difficulties and resistances to significant reforms that would fundamentally overturn the criteria. 
Recently, the Supreme Court has made a judgment about a law requiring reproductive incapacity. The Supreme Court has been strongly criticized for ruling it constitutional without sufficient substantive justification. However, this is the first decision by the Supreme Court, and there are some beneficial supplementary opinions. Therefore, this is a significant decision. 
Accordingly, this paper will examine the rights of the parties and the special law requirement of reproductive incapacity necessary to seek a change to one’s self-identified gender, with the Supreme Court’s decision as the axis of the discussion.},
 pages = {25--33},
 title = {性同一性障害者の性別取り扱いの変更と当事者の権利 : 性同一性障害者特例法における生殖腺除去要件からの検討},
 year = {2023}
}