Japan Supreme Court rejects Ghanaian man's welfare appeal

TOKYO -- A Ghanaian man with chronic kidney failure, undergoing medical treatment, has lost his Supreme Court appeal in Japan following the city of Chiba's refusal of his welfare application. The 36-year-old argued the rejection under the Public Assistance Act was unconstitutional, but the Second Petty Bench unanimously ruled he lacked grounds for a final appeal.

The decision, dated September 9, did not address the constitutional issue. Presiding Justice Mamoru Miura, the sole dissenter, argued that the part of the Public Assistance Act excluding foreign nationals undergoing medical treatment from benefits is unconstitutional and invalid. The Act limits eligibility to Japanese nationals under Article 25 of the Constitution, guaranteeing citizens' right to survival.

In 2014, the Supreme Court held that foreign nationals do not have the right to receive benefits under the Public Assistance Act, though benefits are provided on humanitarian grounds to permanent residents, long-term residents, their spouses, special permanent residents, and refugees. In fiscal 2024's monthly average, 47,332 households headed by foreign nationals received such benefits.

The plaintiff developed severe kidney failure in 2019, became a "Designated Activities" resident for medical treatment, and applied for public assistance, but was rejected due to his non-national status. The Chiba District Court, in a January 2024 ruling, found the Public Assistance Act constitutional, stating the legislature's discretion in including foreign nationals among eligible recipients.

The Tokyo High Court upheld the ruling in August 2024. Miura argued that foreign nationals in Japan for medical treatment should be included in the eligibility list, emphasizing that their inability to work makes it difficult for them to maintain a minimum standard of living, thus avoiding danger to their survival.