The reduction of livelihood protection standards is 'illegal,' instructs the city to withdraw - Sendai High Court
The Sendai High Court ruled that the government's cuts to livelihood protection standards from 2013 to 2015 were illegal and ordered the city to reverse its decisions.
The Sendai High Court has ruled that the government's reductions of livelihood protection standards made between 2013 and 2015 were unconstitutional, as they violated the right to life guaranteed by Article 25 of the Japanese Constitution. This judgment came in response to a lawsuit filed by a woman in her 30s from Sendai, who argued that the decreased financial support negatively impacted her ability to live. The court overturned a prior lower court ruling rejection of her claims and stated that while adjustments to reflect consumer realities were permissible, the method used by the Minister of Health, Labor, and Welfare to implement a 'deflation adjustment' was deemed flawed, rendering the cuts unlawful. However, the court did not acknowledge any liability for compensation from the government.
Following the judgment, the plaintiff's legal team expressed their relief and victory after more than a decade of legal battles, stressing that the judiciary is the only recourse to correct wrongful government actions. Despite this ruling, the legal team noted that the Ministry of Health, Labor, and Welfare announced its intention to reduce livelihood protection amounts under new standards, prompting discussions for possible appeals. The plaintiff expressed a commitment to continue fighting for her rights, and the Sendai city officials stated they would review the ruling and coordinate with relevant authorities on their next steps.