Oita Court Rules for Foreign Resident Over City Hall

[Mulboyne]

Interesting story in the Asahi (Japanese). A 78 year old Chinese woman was denied benefits by Oita City. She is a permanent resident, born to a Chinese father and Japanese mother, who has lived all her life in Japan. In 2006, she moved out of her family home on account of domestic violence which meant she needed hospital treatment. When she applied for benefits to meet these costs, the city said there was enough money in the bank account which she held jointly with her husband, and rejected her. She wanted to appeal this ruling but the city claimed she had no right to do so as a foreigner. She then took legal action and a district court has now found in her favour.

[blacknois]

Japan is finally entering the 20th century of human rights.

[Ganma]

Oita is famous for corruption regarding welfare. A few years ago there was an expose on TV about it after some unemployed man was found dead in his apartment from starvation after being turned away for benefits.

[Mulboyne]

[IparryU]

Wow... this is more surprising to hear than mothers killing their children...

A new day in age for Japan.

[Mulboyne]

After consulting with the Welfare Ministry, Oita has decided not to appeal the court's ruling.

[Mulboyne]

[Ganma]

Her lawyers say this is the first ever such ruling which, at a stroke, appears to deny these welfare payments to the country's special permanent residents. The woman, who was born and brought up in Japan, said at a press conference afterwards that the judge's comments amount to "if you find life difficult here, go home". She plans to appeal.

Another Chinese go home story. Nice. China is one of the best bets to help solve Japans future workforce needs, but plenty seem intent of keeping China as the enemy. However, as noted before Oita even dumps on their own so what's happening here is not surprising.

[maraboutslim]

I'm curious: how hard is it for a chinese woman, born in japan, who has been here damn near 80 years, to become a japanese citizen? i mean, if even debito can get citizenship...

[eddie]

I'm curious: how hard is it for a chinese woman, born in japan, who has been here damn near 80 years, to become a japanese citizen? i mean, if even debito can get citizenship...

i was thinking this too...is she a chinese citizen? that's a bit odd. maybe i'm missing something.
that said, if she had been paying taxes and nenkin she should get benefits. seems simple.

[Mulboyne]

She was born, I suppose, in 1932 so, for a good deal of her life, she wouldn't have had a straightforward route to naturalization and wouldn't have been encouraged to take it. It's only relatively recently that the government has made it easier.

[Yokohammer]

She was born, I suppose, in 1932 so, for a good deal of her life, she wouldn't have had a straightforward route to naturalization and wouldn't have been encouraged to take it. It's only relatively recently that the government has made it easier.

This was my thought as well. By now she'd be totally brainwashed into the belief that it would be too difficult to obtain Japanese citizenship ... unless someone offered to bring her up to date and help her out with that. And I don't understand why that is not being done (although I have no proof that it isn't). I assume she'd be perfectly happy to take on J-citizenship if it meant she'd be able to receive benefits, so why not just start the process?

The question of whether she has Chinese citizenship is interesting too. If she's an SPR she might not.

[Greji]

".....She was born, I suppose, in 1932....."

Is she hot?

[Doctor Stop]

If she's been here that long, she may have had her Japanese citizenship taken away in 1947 and/or 1952. Prior to that, she may have been legally Japanese.

[Yokohammer]

If she's been here that long, she may have had her Japanese citizenship taken away in 1947 and/or 1952. Prior to that, she may have been legally Japanese.

Which would make the court's decision very unfair.
But that wouldn't be particularly surprising.

[Samurai_Jerk]

Is she hot?

She's waaaay too young for you.

[Screwed Up Eyes]

If she's been here that long, she may have had her Japanese citizenship taken away in 1947 and/or 1952. Prior to that, she may have been legally Japanese.

Yeah, but so is Deadbeato...There's a huge difference between legally Japanese and biologically Japanese...Legally, you can only know there are four seasons; biologically, you sense it in the bones like nobody else can.

[IparryU]

She's waaaay too young for you.

Well... not to young for me! Someone in the age frame of Greji's grand kids is just my set... maybe great gran kids...

[Greji]

She's waaaay too young for you.

I don't mind grabbing a good one out of the cradle now and then.....

[Ganma]

[quote="Screwed Up Eyes"]Yeah, but so is Deadbeato...There's a huge difference between legally Japanese and biologically Japanese...Legally, you can only know there are four seasons]
Off topic but ... I haven't been asked about the 4 seasons in years here. Maybe it's because with all the wacky weather over the past decade Japan's 4 seasons have suddenly been cut down to 2.

[Ol Dirty Gaijin]

Has she ever paid taxes?

[Mulboyne]

A professor at Hitotsubashi University has argued the judge's ruling is inconsistent with Japan's 1979 ratification of the International Covenant on Human Rights which, among other things, guaranteed permanent residents access to public housing and the like.

[IparryU]

A professor at Hitotsubashi University has argued the judge's ruling is inconsistent with Japan's 1979 ratification of the International Covenant on Human Rights which, among other things, guaranteed permanent residents access to public housing and the like.

That is really nice to hear, someone that is educated backing up someone despite their blood or status.

I just wish more Japanese (or people for that matter) would step up to the plate to help other people out of shenanigans like this.

[Mulboyne]

That is really nice to hear, someone that is educated backing up someone despite their blood or status.

I just wish more Japanese (or people for that matter) would step up to the plate to help other people out of shenanigans like this.

She's also got the backing of a local lawyers group. After both rulings, they've held press conferences at their offices. Since she's a welfare claimant, it's likely they are doing this pro bono.

[Yokohammer]

She's also got the backing of a local lawyers group. After both rulings, they've held press conferences at their offices. Since she's a welfare claimant, it's likely they are doing this pro bono.

This is going to get interesting. It's partly a pride issue now, so there's likely to be extreme resistance. But I do hope the rulings are overturned without any ambiguity whatsoever. A nice solid precedent is what we need.

[IparryU]

This is going to get interesting. It's partly a pride issue now, so there's likely to be extreme resistance. But I do hope the rulings are overturned without any ambiguity whatsoever. A nice solid precedent is what we need.

this story actually put a smile to my face (not like J-Babe appreciation thread)

really heartwarming even though my father-in-law (who is 1/4 korean) wouldn't like it LOL

[Screwed Up Eyes]

Japan is finally entering the 20th century of human rights.

Maybe you were a bit hasty...
Watch this space to see local governments stonewall and this woman suffer...still, she can always go back to hubby and have him pummel the shite out of her again.
Japan remains fucked without reform of the legal system...and that has SFA to do with foreigners; it's just as fucked for the Japanese, too, and will continue to be the case without a truly independent judiciary.

[Mulboyne]

...she can always go back to hubby and have him pummel the shite out of her again...

I assumed it was her husband but one article says things got bad for her when he fell ill. The reason she says she doesn't have any money is because relatives now control their joint bank account. Someone else in the household may have been giving her a bad time.

[Screwed Up Eyes]

I assumed it was her husband but one article says things got bad for her when he fell ill. The reason she says she doesn't have any money is because relatives now control their joint bank account. Someone else in the household may have been giving her a bad time.

My bad...
My heart goes out to her...the system is fucked and her situation is exacerbated by being legally gaijin instead of just a local being fucked over by the judicial process, in which case it probably wouldn't even be news.

[Mulboyne]

The Oita District Court ruled on Oct. 18 that foreigners with the right to permanent residence but without Japanese citizenship are not entitled to welfare benefits, rejecting the claims of a 78-year-old Chinese woman who sued after being denied benefits by the Oita city government.

In the ruling, Presiding Judge Yasuji Isshi said, "The Livelihood Protection Law is intended for Japanese citizens only. Welfare payments to non-citizens would be a form of charity. Non-citizens do not hold a right to receive payments."

The court rejected the woman's requests that it overturn the city's decision and order the commencement of payments. The woman intends to appeal. The ruling is the first in the country to deal with the issue of welfare payments to people with foreign citizenship and permanent residency in Japan.

According to the ruling, the woman has Chinese nationality but was born in Japan and holds the right to permanent residence. In December 2008, the woman applied to the welfare office in Oita city for welfare payments, but was turned down with the reason that she had "a comfortable amount of money" in her savings.

The main issues of the trial became whether the woman held the right as a foreigner to receive welfare payments and whether her financial status justified her receiving aid.

"Excluding foreign citizens from the protection of welfare benefits is not unconstitutional," said Isshi.

This case went to the Fukuoka hight court and the judge there has overturned the ruling above, declaring that permanent residents are entitled to welfare payments.

It seems likely this case will be appealed by Oita in the Supreme Court,

Source (Japanese)