A Study to Establish a De-pathologized Law to Change One's Legal Gender - Affirmation of Various Gender Identities
| Project/Area Number |
15H06681
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| Research Category |
Grant-in-Aid for Research Activity Start-up
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| Allocation Type | Single-year Grants |
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| Research Field |
Social law
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| Research Institution | Waseda University |
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Principal Investigator |
Ishijima Mai 早稲田大学, 法学学術院, 助手 (80758053)
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| Project Period (FY) |
2015-08-28 – 2017-03-31
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| Project Status |
Completed (Fiscal Year 2017)
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| Budget Amount *help |
¥2,990,000 (Direct Cost: ¥2,300,000、Indirect Cost: ¥690,000)
Fiscal Year 2016: ¥1,430,000 (Direct Cost: ¥1,100,000、Indirect Cost: ¥330,000)
Fiscal Year 2015: ¥1,560,000 (Direct Cost: ¥1,200,000、Indirect Cost: ¥360,000)
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| Keywords | 性同一性障害者特例法 / トランスジェンダー / 家族法 / 民法 / ジェンダー / 性別違和 / 性別不一致 / 性同一性障害特例法 / 比較法 / 欧州人権裁判所 / 民事法学 / 家族 / オランダ家族法 |
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| Outline of Final Research Achievements |
This research revises the current legal requirements imposed on the change of one's gender marker in public registration and proposes a new law to handle such change with de-pathologized conditions. Considering the normative effect of the law which could induce unnecessary physical interventions, this research, in particular, focuses on the requirements of sterilization and physical modifications and conducts a cross-disciplinary search of gender-related legal provisions to grasp problems which may arise after the abolishment of physical requirements, and presents possible countermeasures especially on the establishment of legal family relationships.
To examine the coordination of domestic laws and to grasp human rights aspect of the change of one's legal gender, this research also conducts comparative studies between Japanese Law and Dutch legal amendments, and between Japanese domestic discussions and judgments of European Court of Human Rights and German Federal Constitutional Court.
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Report
(3 results)
Research Products
(6 results)
