@article{oai:aulib.repo.nii.ac.jp:00000970,
 author = {安藤, 均 and Andou, Hitoshi},
 issue = {79-80},
 journal = {旭川大学経済学部紀要, The journal of Faculty of Economics Asahikawa University},
 month = {Mar},
 note = {To explore issues arising from the “Act on Special Cases in Handling Gender Status for Persons with Gender Identity Disorder” (hereinafter, the Special Act), allowing legal gender change based on gender identity, this study delves into the human rights of transsexuals.
In this study, the interrelationship between “sex” and “gender”, as well as “transgender” and “transsexual”, is elucidated, and relevant legislation is examined.
Further, an analysis is conducted of Japanese judicial precedents/academic theories from the constitutional perspective, and current global trends are assessed.
This study propounds that gender identity can be considered a human right as a “trump card” based on individual autonomy recognized in Article 13 of the Constitution.
Sex reassignment surgery precluding reproductive capability, mandated under the Special Act, is a violation of the right to the pursuit of happiness guaranteed by Article 13 of the Constitution.
In addition, among transsexuals, the fact that only those persons who have had sex reassignment surgery are eligible to change their gender violates the equitability of the law in Article 14 of the Constitution. Such eligibility should be amplified to include those receiving hormone therapy.
In conclusion, the time has come to not only change our use of the term “gender identity disorder” in Japan, but also reexamine the conditions for changing one's gender specified in the Special Act.},
 pages = {65--96},
 title = {トランスセクシュアルの性自認に関する人権を考える},
 year = {2021},
 yomi = {アンドウ, ヒトシ}
}