The Supreme Court ruled in the litigation June 27 that the state’s policy on public assistance program violated the law. It is called ‘lawsuit of a fortress for life’ and has been fought since 2013 over the government’s measure to reduce the welfare payment amount, which is the biggest in the history of the public services. But the Ministry of Health, Labor and Welfare has been responding reluctantly and passively to the ruling.
GOVERNMENT MUST TAKE RIGHT ACTIONS IN SINCERE WAY
Ruling is historic
Many suits have been fought in relation to the standards for the welfare system, including a famous one, the Asahi lawsuit, but it is for the first time that the Supreme Court convicted the state authority over the norms for the public assistance program. This decision represents a historic feat in the Japan’s social security services.
Group of plaintiffs and civic organization worked hard
After announcing the verdict, the groups of plaintiffs and lawyers and the civic organization, ‘Nationwide Action Group to Support Lawsuit of Fortress for Life’, have presented a letter of claims to the Ministry of Health, Labor and Welfare.
It says that;
The state authority shall make a sincere apology to the recipients of the program (out of the 1,025 plaintiffs 232 people have been dead, which occupies over 20%).
The government shall pay back the recipients the balance of benefit amount from 2013 when the revision was made which has lasted up to today.
A committee shall be created to investigate and verify the developments and causes till the 2013 revision of benefit amount.
Though these groups of people had requested that higher officials in the Ministry superior to chiefs of the sections should be present in the meeting, planning representative did join. When requested to make an apology first by the plaintiffs, the official repeatedly told, mechanically, that ‘after analyzing the court decision, an appropriate action will be taken’, according to media reports.
An experts’ committee will be set up
The Ministry, maintaining the no-reply stance at the negotiation table, Minister Fukuoka Sukemaro told in the press meeting held July 1 to set up ‘a council in which experts could debate measures based on the court decision’.
This plan had been announced June 24 in the form of ‘a council of experts to respond to the verdict of the Supreme Court’. In fact, the Ministry began to launch procedures to revise the standards for welfare program to be effective after the year 2027. This council will be created in the Workshop of Welfare Standards of the Council of Social Security Services.
The council is composed of the nine workshop members and six out of them are in charge of another jobs, including its chief. The council started to work on August 13, ignoring the request from the plaintiffs that ‘recipient parties should be included in the consultation talks.’
Minister Fukuoka, when asked in the press meeting held August 15 at the occasion of the Memorial for the Dead during WWII in a question, ‘Will you make an apology to the plaintiffs?’, he answered that ‘as the Ministry in charge of welfare service, we sincerely regret over the issue.’ But he did not say anything about an apology. His rude behavior cannot be accepted.
Compensation should be made as soon as possible
The state’s authority must make a sincere apology first for the fact that it had not provide services appropriately, even the minimum level, over ten years. Then it should have consultation meetings with recipients and compensate for the damages as soon as possible.
２０１３年から史上最大の生活保護費の引下げの違法性を問うた「いのちのとりで裁判」で最高裁は６月27日、国の対応を違法とする判決を出した。しかし、厚労省は不誠実な対応に終始している。
史上初めての判決
これまで、有名な「朝日訴訟」をはじめ生活保護基準を巡る裁判は多く起こされてきたが、国が定めた生活保護基準について最高裁が違法としたのは史上初めてのことである。今回の判決は、日本の社会保障の歴史に刻まれるものだ。
原告団などが要請
判決直後、原告団・弁護団及び全国の裁判支援のネットワークである「いのちのとりで裁判全国アクション」は、厚労相宛てに要望書を提出した。
要望書は、①国が生活保護利用者に真摯な謝罪をすること（原告１０２５人中２割を超える２３２人が既に亡くなっている）、②２０１３年の改定前の保護基準との差額保護費を遡そきゅう及支給すること、③２０１３年改定に至る経緯と原因などを調査・検証する検証委員会を設置することなどである。
そして、交渉には課長以上の出席を求めたが、出席したのは企画官で、「まず謝罪を」と求めた原告に対し、「判決の内容を精査し適切に対応する」とロボットのように繰り返したと報告されている。
「専門委員会」を設置
交渉にゼロ回答を続ける一方、福岡資すけまろ厚労相は７月１日の記者会見で「判決を踏まえた対応方法について専門家に審議頂く場を設ける」方針を示した。
専門家の審議の場とは、折しも２０２７年の生活保護基準改定に向けて６月24日開始された社会保障審議会生活保護基準部会の中に、「最高裁判決への対応に関する専門委員会」を設置するというもの。 専門委員会のメンバーは９人だが、生活保護基準部会のメンバー９人中６人が会長を含めて兼任している。そして、原告側の「当事者を入れた協議」の要望を無視し、８月13日に専門委員会をスタートさせた。
また、福岡大臣は８月15日の全国戦没者追悼式典前の記者会見で「原告への謝罪の考えはあるか」との問に、「生活保護行政を所管する厚生労働省として真摯に反省」と言ったが、謝罪については語らなかった。傲慢な対応で許されない。
１日も早い補償を
国は、10年以上にわたって最低限度の生活さえ保障しなかったことを素直に謝罪し、当事者を入れた協議を行い、被害の補償を１日も早く行うべきだ。
英訳版↓
No. 1417 Plaintiffs have Won in Welfare Claim
The Supreme Court ruled in the litigation June 27 that the state’s policy on public assistance program violated the law. It is called ‘lawsuit of a fortress for life’ and has been fought since 2013 over the government’s measure to reduce the welfare payment amount, which is the biggest in the history of the public services. But the Ministry of Health, Labor and Welfare has been responding reluctantly and passively to the ruling.
GOVERNMENT MUST TAKE RIGHT ACTIONS IN SINCERE WAY
Ruling is historic
Many suits have been fought in relation to the standards for the welfare system, including a famous one, the Asahi lawsuit, but it is for the first time that the Supreme Court convicted the state authority over the norms for the public assistance program. This decision represents a historic feat in the Japan’s social security services.
Group of plaintiffs and civic organization worked hard
After announcing the verdict, the groups of plaintiffs and lawyers and the civic organization, ‘Nationwide Action Group to Support Lawsuit of Fortress for Life’, have presented a letter of claims to the Ministry of Health, Labor and Welfare.
It says that;
Though these groups of people had requested that higher officials in the Ministry superior to chiefs of the sections should be present in the meeting, planning representative did join. When requested to make an apology first by the plaintiffs, the official repeatedly told, mechanically, that ‘after analyzing the court decision, an appropriate action will be taken’, according to media reports.
An experts’ committee will be set up
The Ministry, maintaining the no-reply stance at the negotiation table, Minister Fukuoka Sukemaro told in the press meeting held July 1 to set up ‘a council in which experts could debate measures based on the court decision’.
This plan had been announced June 24 in the form of ‘a council of experts to respond to the verdict of the Supreme Court’. In fact, the Ministry began to launch procedures to revise the standards for welfare program to be effective after the year 2027. This council will be created in the Workshop of Welfare Standards of the Council of Social Security Services.
The council is composed of the nine workshop members and six out of them are in charge of another jobs, including its chief. The council started to work on August 13, ignoring the request from the plaintiffs that ‘recipient parties should be included in the consultation talks.’
Minister Fukuoka, when asked in the press meeting held August 15 at the occasion of the Memorial for the Dead during WWII in a question, ‘Will you make an apology to the plaintiffs?’, he answered that ‘as the Ministry in charge of welfare service, we sincerely regret over the issue.’ But he did not say anything about an apology. His rude behavior cannot be accepted.
Compensation should be made as soon as possible
The state’s authority must make a sincere apology first for the fact that it had not provide services appropriately, even the minimum level, over ten years. Then it should have consultation meetings with recipients and compensate for the damages as soon as possible.
September 3, 2025