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Japan: Only “citizens” have the right to public assistance

makapaaa

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http://thediplomat.com/2014/07/supreme-court-makes-foreigners-second-class-citizens/

[h=1]Japanese Supreme Court Rules Against Foreign Residents on Welfare[/h]Last week’s ruling puts Japan’s foreign nationals and its welfare system under the microscope.

thediplomat_2014-05-12_02-47-30-36x36.jpg

By Clint Richards for The Diplomat
July 23, 2014

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Japan’s Supreme Court made a controversial and potentially damaging ruling concerning the country’s long-term foreign population last Friday. The Second Petty Bench of the Supreme Court ruled that foreigners in Japan with permanent residency status are not guaranteed to receive social welfare benefits under existing law. This would be the first time Japan’s highest court has ruled against foreigners receiving welfare under the current legislation. While it will still be up to the discretion of local and municipal government’s as to whether these residents receive benefits, this ruling sets a very serious precedent for Japan’s long-term and permanent foreign residents. Without the ability to access this social safety net, an already vulnerable portion of the population could become further marginalized, possibly posing a risk to social stability that Japan is ultimately seeking to avoid.

The Supreme Court ruled that only “citizens” have the right to public assistance, and that foreign residents do not meet the legal definition of that term. The court further said that, “Foreigners do not possess the right to receive assistance based on the law and are only limited to being subjects for public assistance in a practical sense based on administrative decisions.” The case before the court was brought by an 82-year-old woman Chinese woman who was born and grew up in Japan. Her initial application for assistance was declined by the Oita municipal government in 2008, which claimed the woman had sufficient savings to survive without welfare. The case was then appealed to the Fukuoka High Court and overturned, which stated that foreigners were entitled to public social welfare programs under the Public Assistance Law. The Supreme Court then overturned the Fukuoka court’s decision. Despite Japan’s highest court’s ruling, Oita public officials have said that the ruling would not affect their current policy of providing assistance to permanent foreign residents, “including the plaintiff.”

Herein lies the difficulty with the Supreme Court’s ruling. According to Japanese law, this type of assistance is only available to Japanese nationals. However, in 1954 the government issued a notice stating that foreigners should be dealt with in accordance with the public assistance law, which the Fukuoka court referenced. The Public Assistance Act makes no mention of providing assistance based on nationality, but only seeks to “guarantee a minimum standard of living as well as to promote self-support for all citizens who are living in poverty by providing the necessary public assistance according to the level of poverty, based on the principles prescribed in Article 25 of the Constitution of Japan.” Article 25 of the Constitution also does not address nationality, but says “all people shall have the right to maintain the minimum standards of… living. [T]he State shall use its endeavors for the promotion and extension of social welfare and security…” The Supreme Court ruling seems to rest on its interpretation both of the Constitution, and of the term “citizen” in the Public Assistance Act.

The ruling poses a problem for the government. It is in the awkward and unwelcome position of levying a specific tax on a portion of the population that cannot claim legal recourse to funds raised by the tax. Not only will this be viewed unfavorably by Japan’s foreign population, it is highly likely to met with skepticism by the international community as to the real intent behind the ruling. While Japan’s foreign population is relatively small (estimated at just 2.5 million in a country of 127.6 million in 2012) and the international outcry will in all likelihood not be great enough to cause Japan to reconsider the ruling, there will be larger problems created by the verdict.
This case is reflective of the state of Japan’s social welfare system. As its population ages and eventually declines, the pressure on the government to provide its promised assistance will be stretched to its limit, and without significant reforms this generous regime of social safety nets could fall apart. The Supreme Court is well aware of this. The problem lies in the fact that Prime Minister Shinzo Abe’s latest round of structural economic reforms is intended to attract both high-skilled white collar foreigners as well as those in the fields of construction and health care. Some of his immigration reforms are targeted at foreigners looking to become long-term or permanent residents. With immigration reform in general viewed as the only realistic way to prevent significant population (and thus economic) decline for Japan, the effect this ruling will have on both the existing and future foreign population seems not to have been taken into account. Long-term foreigners will be less inclined to continue their residence if the generous social welfare system, which they pay into just like Japanese nationals, is withheld from them in order to maintain a safety net past its ability to sustain itself.
 

rushifa666

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Same in most places. And there isn't that large a foreign population in japan. They are a homogenous country.
 

DuYunQi

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Same in most places. And there isn't that large a foreign population in japan. They are a homogenous country.

Precisely! They really limit foreigner inflow.. and they don't allow Indian nationals to work there.. from my Jap friend's mouth. They prefer hiring a Chinese for IT, then allow an Indian.. isn't that interesting?
And most pinoys can only get entertainment work permits.. why do you think pinoys "invade" SG? Frigging employers in SG allow pinoys to hold jr exec, mid-level mamagement and even senior manager posts.. that's the reality.. and we always wonder why Japanese are so innovative and creative.. take a good look at their immigration policy and that's only one of the reasons. (this is what I believe)
 

Dragonhead

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Unlike the smart Japanese, the papees allow foreigners (SPRs) to enjoy wide benefits as if they are local born citizens. Who are the suckers?
 

Dragonhead

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...They really limit foreigner inflow.. and they don't allow Indian nationals to work there..They prefer hiring a Chinese for IT, then allow an Indian.. isn't that interesting?...and we always wonder why Japanese are so innovative and creative.. take a good look at their immigration policy and that's only one of the reasons.

The Japs are extremely patriotic and xenophobic. Everything is Japanese first, right down to the French cap that they use. In sinkapoo, natives are not always put in first place. Even sinkies have to compete with SPRs for places in schools for their children. WTF, the papees are really stupid not to see that sinkies should be placed first in everything like the Japs.
 

Leckmichamarsch

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Precisely! They really limit foreigner inflow.. and they don't allow Indian nationals to work there.. from my Jap friend's mouth. They prefer hiring a Chinese for IT, then allow an Indian.. isn't that interesting?
And most pinoys can only get entertainment work permits.. why do you think pinoys "invade" SG? Frigging employers in SG allow pinoys to hold jr exec, mid-level mamagement and even senior manager posts.. that's the reality.. and we always wonder why Japanese are so innovative and creative.. take a good look at their immigration policy and that's only one of the reasons. (this is what I believe)

even foreign mobile phones do not work there...........
 

Jah_rastafar_I

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Precisely! They really limit foreigner inflow.. and they don't allow Indian nationals to work there.. from my Jap friend's mouth. They prefer hiring a Chinese for IT, then allow an Indian.. isn't that interesting?
And most pinoys can only get entertainment work permits.. why do you think pinoys "invade" SG? Frigging employers in SG allow pinoys to hold jr exec, mid-level mamagement and even senior manager posts.. that's the reality.. and we always wonder why Japanese are so innovative and creative.. take a good look at their immigration policy and that's only one of the reasons. (this is what I believe)

Japs are really smart and it's not interesting. Japs and chinese are more closely related. Hell japs are a kind of chinese in a way. Same genetics obviously. Only sinkies and those chinese dogs keep on thinking japs hate chinese or rather prefer other races over chinese. I have a friend that married a jap girl.

Japs are also more racially aware compared to these stupid sinkies. They know shit skins and their BS can be seen everywhere. They know that the chinese being closely related to them are more well behaved and don't behave like animal shit skins and don't act snakes with low IQs that are only good at bull shitting. Contrast this to some sinkies and the chinese dogs who prefer shit skins over their own kind or races similar to their own kind. Shit skins don't like them either.


That's right japs are innovative and creative because their own high IQ japs run everything in japan. Everything works. You put low IQ pinoys or shit skins to run things they will fail but chinese dogs will disagree here. Example screwball.
 

frenchbriefs

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actually japs are really racist against black skinned people......they still hate the chinese but they really despise dark skinned people for some reason....its really funny when u watch japanese culture.....its almost like they treat black/brown people like some sort of alien or something.
 

Thick Face Black Heart

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I don't see what is wrong with the policy.

Japan had every right to pursue a Japanese first policy. That means putting their citizens welfare first.

If foreigners need handouts it means they are not contributing but leeching on Japan. In which case they should fuck back to their home country and stop being a disgrace.

If I was a jap, the govt had just won my vote.
 

frenchbriefs

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japanese have one thing-pride and honor as a race......sinkies have one thing....daft stupid balless and humji......and no self esteem,thats why they seek to cover up their poor self esteem and inferior genes by seeking as much money as possible.

I don't see what is wrong with the policy.

Japan had every right to pursue a Japanese first policy. That means putting their citizens welfare first.

If foreigners need handouts it means they are not contributing but leeching on Japan. In which case they should fuck back to their home country and stop being a disgrace.

If I was a jap, the govt had just won my vote.
 

eKiller

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Japan more steady, wrong means wrong, their political party will bow right in front of national TV and say sorry.
 

Thick Face Black Heart

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Japs are really smart and it's not interesting. Japs and chinese are more closely related. Hell japs are a kind of chinese in a way. Same genetics obviously. Only sinkies and those chinese dogs keep on thinking japs hate chinese or rather prefer other races over chinese. I have a friend that married a jap girl.

Japs are also more racially aware compared to these stupid sinkies. They know shit skins and their BS can be seen everywhere. They know that the chinese being closely related to them are more well behaved and don't behave like animal shit skins and don't act snakes with low IQs that are only good at bull shitting. Contrast this to some sinkies and the chinese dogs who prefer shit skins over their own kind or races similar to their own kind. Shit skins don't like them either.


That's right japs are innovative and creative because their own high IQ japs run everything in japan. Everything works. You put low IQ pinoys or shit skins to run things they will fail but chinese dogs will disagree here. Example screwball.



Japanese and mainland Chinese may share genetic heritage but over thousands of years, differences in culture have made them world's apart.

Classic case of nature versus nurture.

Given a choice is no brainer that I would rather be born a jap than a mainland Chinese.
 

scroobal

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One interesting about Japan is they have their own class of untouchables. Bascially ostracised and stepped on.
 

frenchbriefs

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ur a stupid brainwashed dog.....chinese gene and blood has been forged over eons,millennials,thousands of years of human evolution.....we are the ancients of the earth,japanese are nothing more than offshoots and clones of the chinese race...without the chinese,japanese would have remained in the stone ages,devoid of culture,language,technology,knowledge and economy,we were the first human race in the oriental continent to develop all those modern human traits....to emerge from the darkness into a civilised animal....

chinese language is proof and legacy of how much complexity we have evolved thru the thousands of years....chinese civilisation has rise and crashed so many times its uncountable.....we had so many periods of peace,prosperity,technological advancement,intellectual cultivation,culture refinement,economic progress.....

u think 70 years of prejudiced modern history or western propaganda is going to change anything?it is nothing but a blink of an eye in the history of the chinese civilisation.....this technological race and capitalist race is nothing,the cheena will once again do great things as we have for thousands of years....our forefathers have walked this earth longer than any country or any race can imagine....

Japanese and mainland Chinese may share genetic heritage but over thousands of years, differences in culture have made them world's apart.

Classic case of nature versus nurture.

Given a choice is no brainer that I would rather be born a jap than a mainland Chinese.
 
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Thick Face Black Heart

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ur a stupid brainwashed dog.....chinese gene and blood has been forged over eons,millennials,thousands of years of human evolution.....we are the ancients of the earth,japanese are nothing more than offshoots and clones of the chinese race...without the chinese,japanese would have remained in the stone ages,devoid of culture,language,technology,knowledge and economy,we were the first human race in the oriental continent to develop all those modern human traits....to emerge from the darkness into a civilised animal....

chinese language is proof and legacy of how much complexity we have evolved thru the thousands of years....chinese civilisation has rise and crashed so many times its uncountable.....we had so many periods of peace,prosperity,technological advancement,intellectual cultivation,culture refinement,economic progress.....

u think 70 years of prejudiced modern history or western propaganda is going to change anything?it is nothing but a blink of an eye in the history of the chinese civilisation.....this technological race and capitalist race is nothing,the cheena will once again do great things as we have for thousands of years....our forefathers have walked this earth longer than any country or any race can imagine....



LOL

With all the vaunted 5000 years of Chinese civilisation arts culture history language and society, the China nationals still allow their kids to pee and shit at the roadside and on board aeroplanes.

My toes are giggling. You know the one phrase that came to mind as I read your post is the phrase touted by fund mangers ..... Past performance is not indicative of future returns. LOL
 

frenchbriefs

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wrong,ur only half informed,we cannot predict what is going to happen in the stock market in the next week or month or year or even the next 5 or 10 years.....but when stretched over the span of 30,50 or 100 years or more,predicting the returns of stocks and bonds and various asset classes like commodities or bonds is more predictable than the sun rising in the east and setting in the west......

we already have the historical returns of the dow jones and s&p for the last 100 years since 1929 and we can more or less tell u where it will be going and hows it going to perform in the next 100 years.....

but china has something better than that,china has proven historical returns for the last 5000 years,FIVE THOUSAND YEARS!!!!!!TALK ABOUT IMMORTALITY!!!!!!,no stock market in the world has even lasted more than a fraction of that......not even when romans issued the first currency and bonds a thousand years ago!!!!

yet you trust in the japs and believe they are so great????ahahahaha i think all that sushi and anime and radiation has fried your brain!!!!!



LOL

With all the vaunted 5000 years of Chinese civilisation arts culture history language and society, the China nationals still allow their kids to pee and shit at the roadside and on board aeroplanes.

My toes are giggling. You know the one phrase that came to mind as I read your post is the phrase touted by fund mangers ..... Past performance is not indicative of future returns. LOL
 
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