Supreme Court Ruling on Foreign Nationals and Public Assistance Sparks Heated Debate in Japan

The Second Petty Bench of the Supreme Court has dismissed an appeal by a Ghanaian national who suffered from renal failure after arriving in Japan and sought public assistance to cover his artificial dialysis treatment, finalizing his defeat in the lawsuit. This judicial decision has sparked intense debate on social media.

The lawsuit was filed to seek the revocation of the rejection of his public assistance application, arguing that denying it solely because he is a foreign national was illegal. Based on the Public Assistance Act, which defines its subjects as "Japanese nationals," and past Supreme Court precedents, many supportive opinions were posted online. These included views that the decision was "only natural," that caution should be exercised regarding public assistance for foreigners, and that it is necessary to prevent concerns about people coming to Japan for medical purposes or fraudulent receipt of benefits.

The context

In Japan, the Public Assistance Act stipulates that recipients must be Japanese citizens. However, a landmark 2014 Supreme Court ruling previously established that foreign nationals living in Japan with permanent or long-term residence statuses are not legally entitled to public assistance under the Act, though municipalities may grant it on a discretionary basis. This recent case involving a Ghanaian national drew renewed attention not only because of the final verdict, but also because Justice Mamoru Miura, the presiding judge among the four-judge panel, issued a dissenting opinion. His dissent pointed out that "denying protection when someone cannot maintain a minimum standard of living due to destitution is extremely inhumane" and violates Article 25 of the Constitution, which guarantees the right to maintain a minimum wholesome and cultured standard of living. This has led to active discussions on social media focusing on humanitarian perspectives and the guarantee of the right to survival.

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