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Same-sex couples and households headed by same-sex couples are ineligible for the legal protections available to opposite-sex couples.Japanese culture and major religions originated in and imported to Japan do not have a history of hostility towards homosexuality, and a majority of Japanese citizens are reportedly in favor of accepting homosexuality, with a recent poll indicating that 54 percent agreed that homosexuality should be accepted by society whilst 36 percent disagreed, with a large age gap.However, homosexual and transgender persons can experience physical, sexual and psychological violence at the hands of their opposite-sex or same-sex partners, but receive no protection from the law.

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Japan is a party to the United Nations International Covenant on Civil and Political Rights (ICCPR), which also comprehensively bans discrimination.

While the Equal Opportunity Law has been revised several times over the years to address sex discrimination and harassment in the workplace, the government has refused to expand the law to address discrimination against gender or sexual identity.

Lesbian, gay, bisexual, transgender (LGBT) persons in Japan may face legal challenges not experienced by non-LGBT persons.

Same-sex sexual activity was legalized in 1880 after the installation of the Napoleonic Code and the age of consent is currently equalized.

According to this report, the transgender woman was placed in a male institution because of her legal status of sex, despite having undergone sex reassignment surgery prior to her detention, and had had her body checked by a male member of staff, her hair shaved and was refused any feminine treatment including female clothing.