Transgender woman granted long term residency in Japan

This special permit is usually awarded to foreigners who marry a Japanese citizen, said lawyer Miho Kumazawa.

The 58-year-old woman, who has not disclosed her name and nationality, has been living illegally in Japan for 26 years.

In May 2016, she and her partner, who have been living together since 2002, attempted to legalize her status by having a same-sex partnership agreement notarized. But they were unsuccessful, as same-sex marriage is not allowed under Japan's laws, and transgender people are rarely recognized as such.

Nevertheless, in August 14th, she was finally granted the long-term residence permit, which her lawyer credits to the court's sympathy.

"Had she been single, she would have not been awarded this visa. But the government considered the reality of her relation to her partner, rather than its legality on paper," said Kumazawa.

He described the decision as "a very big step forward" and said he hoped it would lead to stronger legal protections for same-sex couples.

In February, 13 couples filed a lawsuit against the government asking for the legalization of same-sex marriage, arguing that denial would violate their constitutional right to equality.

Japan's transgender population faces widespread discrimination, according to a recent report by Human Rights Watch. The Gender Identity Disorder Special Cases Act, which was enacted 15 years ago, requires them to undergo invasive surgeries -- including sterilization -- to be legally recognized according to their gender identity.

In order to have their identity documents amended, they also have to be diagnosed with "gender identity disorder," which was removed from the American Psychiatric Association's list of diagnostics in 2012. And they have to be over the age of 20, unmarried and not have children under the age of 20.

In January this year, Japan's Supreme Court upheld this law after it was challenged by a transgender man.

But opinions among regular citizens are more progressive. In an international survey published by The Williams Institute at UCLA's law school and Ipsos in 2016, more than half of Japanese respondents said transgender people should be legally recognized.

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