Reiwa 5 (Gyo-Ko) 5 Public Assistance Standard Reduction Revocation Appeal Case

In 2023, recipients of public assistance in Japan filed an appeal with the Tokyo High Court seeking revocation of the government's decision to lower livelihood protection standards between 2013 and 2015. The plaintiffs, represented by attorney Kokubo Tetsuo, argued that the phased reduction in benefits violated their constitutional right to maintain a minimum standard of wholesome and cultured living under Article 25. The court examined whether the Minister of Health, Labour and Welfare exceeded discretionary authority by applying a new calculation method that slashed monthly payments. The defendant, the State of Japan, contended the cuts were lawful adjustments reflecting deflation and general living cost declines. The three-year legal battle centered on protecting vulnerable populations amid fiscal austerity.

The Tokyo High Court dismissed the appeal, upholding the lower court's ruling that the reduction fell within the broad administrative discretion of the minister and did not constitute an unconstitutional violation of the right to life.

Whether the reduction of public assistance standards violated Article 25 of the Constitution and exceeded the legally permissible discretionary power of the administrative authority.

The decision intensified public debate on poverty and welfare erosion in Japan. Advocacy groups and opposition parties condemned the ruling as a setback for social security, leading to renewed campaigns for legislative reform and a separate Supreme Court appeal that drew wider attention to the vulnerability of welfare recipients under austerity policies.