A Ghanaian man undergoing medical treatment who had his welfare application rejected by the city of Chiba because he is a foreign national has lost his Supreme Court appeal in a lawsuit seeking to overturn the city’s decision.
The 36-year-old, who is being treated for chronic kidney failure, had argued that the rejection of his application under the Public Assistance Act was unconstitutional. However, the Second Petty Bench of the top court ruled that the plaintiff did not have grounds for a final appeal. The decision dated Sept. 9 did not address the constitutional issue.
Presiding Justice Mamoru Miura, a former prosecutor, was the only one of the four justices to dissent, saying the part of the Public Assistance Act that excludes foreign nationals undergoing medical treatment from eligibility for benefits is unconstitutional and invalid.
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Based on Article 25 of the Constitution, which guarantees citizens’ right to survival, the Public Assistance Act explicitly limits eligibility to Japanese nationals. In 2014, the Supreme Court held, “Foreign nationals do not have the right to receive benefits under the Public Assistance Act.”
At the same time, as an administrative measure providing de facto protection, benefits are paid on humanitarian grounds to permanent residents and long-term residents legally staying in Japan, their spouses, special permanent residents such as Korean residents in Japan, and refugees. In the monthly average for fiscal 2024, there were 47,332 recipient households headed by foreign nationals.
The plaintiff developed severe kidney failure in 2019, and his status of residence became “Designated Activities” for medical treatment. Because he was not allowed to work, he applied for public assistance, but the city rejected the application, saying he “does not qualify as a national.”
In its January 2024 ruling, the Chiba District Court held that “whether to include foreign nationals among those eligible for protection is within the discretion of the legislature” and found the Public Assistance Act constitutional. It dismissed the suit, saying the man’s status of residence was not covered by the administrative measure. The Tokyo High Court upheld the ruling in August 2024.
In his dissent, Miura said, “If foreign nationals undergoing medical treatment who are unable to work cannot maintain a minimum standard of living in Japan, it is difficult for them to avoid danger to their survival.” He said foreign nationals in Japan for medical treatment should be included among those eligible for public assistance, and that the high court ruling should have been overturned and the case sent back for further proceedings.
The Mainichi