Japan Supreme Court rejects public assistance claim by Ghanaian national

The Supreme Court of Japan has finalized a ruling rejecting a lawsuit filed by a Ghanaian national seeking public assistance. The 36-year-old man, who developed kidney failure and requires dialysis treatment after arriving in Japan, had his application for livelihood protection denied by Chiba City on the grounds that he is a foreign national.

The Supreme Court's Second Petty Bench dismissed the appeal, upholding previous lower court decisions which ruled that the term ‘national’ in the Public Assistance Act does not include foreigners. The court did not issue a ruling on whether the exclusion of foreigners from the law violates the Constitution.

While the majority of the four justices supported the dismissal, Chief Justice Mamoru Miura issued a dissenting opinion. Miura argued that denying necessary protection to foreigners residing in Japan for medical treatment purposes is ‘extremely contrary to humanitarian principles’ and suggested that the provisions excluding such individuals should be considered unconstitutional.