What Are the Minimum Standards for a Wholesome Cultural Life?

TMS PEACE JOURNALISM, 29 Dec 2025

Hitomi Miki – TRANSCEND Media Service

Some Case Studies on the Right to Life for Achieving Positive Peace

“Poverty is the worst form of violence.”
– – Mahatma Gandhi

22 Dec 2025 – In Japan, where the winter cold and summer heat are both severe, air conditioners are no longer a luxury but a necessary infrastructure for sustaining life. However, some people living in poverty, whom the government should be protecting, are at risk of losing their lives when they cannot afford to buy a new air conditioner.

Even in welfare benefits administration, we often see examples of practices that undermine Article 25 (the Right to Life) of the Constitution of Japan [a.k.a. “Showa Constitution”], such as requiring people to “pay for their own air conditioning purchases” and “take out a loan to repair broken air conditioners.” [Also see.→ The right to life – humanium and/or The Right to Life: Legal Protections and Limits – LegalClarity]

Text of the Article 25 of the Constitution of Japan:

Article 25:   All people shall have the right to maintain the minimum standards of wholesome and cultured living.

In all spheres of life, the State shall use its endeavors for the promotion and extension of social welfare and security, and of public health.  

This year-end and New Year’s holiday, there are people who are enduring the cold in front of broken air conditioners or in rooms without air conditioning, unable to even hold a heating pad. Even if they want to ask for help, government offices are closed during the New Year holidays.

In this article, I, a certified administrative scrivener, compare the real-life suffering of people I have heard from, with the latest administrative notices and the Supreme Court precedent regarding administrative discretion, and examine the problems with Japan’s safety net. (Certified administrative scrivener Hitomi Miki)

The Tragedy of a Single Mother

In August 2024, during a heatwave, Honoka (pseudonym, in her 40s), a single mother living with her elementary school-aged daughter in City A, Kanagawa Prefecture, sought help from the local government after the air conditioner in their apartment broke down.

She had suffered physical and mental disabilities due to childhood abuse. Her daughter, Mizuki (pseudonym, a fourth-grader), also suffered from a brain disorder and was repeatedly hospitalized.

She repeatedly appealed to her caseworker about her plight. However, the response she received was, “We cannot provide financial support in this case, without exception.”

She gave up and endured the scorching heat with her daughter. Not only was the air conditioner broken, but the refrigerator and rice cooker were also broken.

She consulted me, and in my role as an administrative scrivener, I made numerous phone calls to welfare offices and the Ministry of Health, Labour and Welfare, negotiating repeatedly. However, administrative barriers were thick, and in the end, the government’s response to provide air conditioners to single-parent households with disabilities was not approved as an exception.

“From the perspective of fair treatment, we cannot make an exception just for Honoka,” was the government’s response.

Then, at the start of 2025, as the winter cold began to bite, I received word that she had passed away alone in her home.

The numerous LINE messages and emails I received suggest that Honoka and Mizuki were doing their best to look forward to life.

In many affordable rental housing, the air conditioner is the only heating device. Its breakdown meant that they had no choice but to shiver, wrapped in blankets, in a cold room in the middle of winter. I wonder how much cold and loneliness she endured, in the shadow of the lights of the New Year’s celebrations around the world.

She was a kind-hearted woman who had previously cut back on her welfare benefits and sent support to disaster-stricken areas in need, saying, “I’m fortunate to be able to receive welfare.”

It’s not difficult to imagine how her energy and strength were sapped by the government’s inaction in the name of “fairness.”

Why Can’t They Fix the Broken Air Conditioner?

Why are so many people denied funding for air conditioner purchases and repairs? The reason lies in the fact that air conditioners are classified as “furniture and fixtures” in a notification from the Ministry of Health, Labor and Welfare, and the way the government’s standards are actually being applied.

Under the public assistance system, “furniture and fixtures expenses” are originally expenses incurred in responding to unexpected emergencies, such as losing household possessions in a fire or relocating to escape crime. For this reason, funding is only approved in cases of “special circumstances.” The Public Assistance Handbook lists the following as examples of such circumstances:

• When you no longer have any necessary furniture when you first begin receiving public assistance.
• When all your furniture is lost in a disaster.
• When you are discharged from a long-term hospitalization and start living alone from scratch.

The Ministry of Health, Labor and Welfare is forcing air conditioners into this “emergency framework.” While this may not seem problematic at first glance, there is a clear contradiction. “Breaking down due to long-term use (aging)” is treated as a common occurrence that can happen to anyone and is not recognized as a “special circumstance.”

This application is clearly contrary to the intent of the law.

The Public Assistance Act stipulates the “principle of immediate response,” which requires that public assistance be provided flexibly and appropriately based on each person’s actual needs, such as age and health condition (see Article 9 of the Public Assistance Act).

Text of the Article 9 of the Public Assistance Act

(Principle of responsiveness to needs)
Article 9:     Protection shall be provided effectively and appropriately, taking into consideration the differences in the actual needs of individuals or households in need of protection, such as their age, gender, and health condition.

Prior to the Supreme Court decisions and legal interpretations have established the principle that when a uniform, manual-based standard would threaten the life of the person in front of them, the government must prioritize individual circumstances.

Therefore, if a welfare office meets the requirements of having elderly people, people with disabilities, or children at high risk of heatstroke, and having no (or broken) air conditioning, the welfare office does not have the discretion to decide not to provide the benefit.

Denying benefits on grounds that “exceptions will not be made” or “fairness with others cannot be maintained,” even when there is a life-threatening situation, is highly suspected to be an abuse of administrative discretion.

The word “fairness,” which is repeatedly used on the ground, effectively functions as an excuse to abandon the weak: “Everyone else is enduring it, so you should endure it too.”

However, true fairness lies in enforcing the law in accordance with individual circumstances so that everyone can equally enjoy a “minimum standard of healthy and cultured living.”

If You Don’t Have the Money, Borrow Money to Buy It.

So what should households that don’t qualify for the aforementioned “special circumstances” do?

Air conditioning is life-threatening, but they can’t afford it. The latest notice from the Ministry of Health, Labor and Welfare addressed to such people includes the following sentence:

“If you are unable to purchase an air conditioner due to your welfare benefits, you may use the Living Welfare Fund Loan.”

In simple terms, it’s saying, “If you still can’t buy an air conditioner even after cutting back on your living expenses, borrow money from the Social Welfare Council to buy it.”

The government is encouraging impoverished households, who are living on the edge, even cutting back on daily food expenses, to take out loans. However, welfare benefits are only the bare minimum needed to maintain a minimum standard of living. Forcing monthly repayments on that amount will ruin their lives. Far from “promoting self-reliance,” this is nothing more than the government pushing recipients deeper into poverty and despair.

In fact, City B in Fukuoka Prefecture is taking ruthless action in accordance with this notice. When Reiko (not her real name), a woman in her 60s, complained about her broken air conditioner, the city dismissed her, telling her, “We won’t provide equal payments” and “I’ll have to borrow from the social welfare council.”

She is physically disabled and is currently applying for a disability pension. She’s unable to work and repay the money. In preparation for this article, we spoke to her about her current state of mind. Her words sharply point out the flaws in the system.

“I was so worried about facing a summer without air conditioning that I even said, ‘I feel like I’m going to die.’ But the city government still stubbornly refuses to provide the money. It’s so frustrating.”

“Rules that force people to take out loans” and “maintaining perverse equality” take priority over the cries of citizens who fear they might die. This is the true reality of Japan’s current safety net.

Fear of a Long-Term “Vicious Cycle of Poverty”

Even if you’re lucky enough to overcome the high hurdle of “special circumstances” and receive an air conditioner, even more unrealistic obstacles await. This is why the upper limit is set at an extremely low “60,000 to 70,000 Japanese Yen [approximately $380 to $450 when the exchange rate is $1 to Y155], including the unit and installation costs.”

With the recent rise in prices, it is extremely difficult to find an air conditioner within this price range, including installation costs.

As a result, recipients are forced to choose outdated, leftover models or inexpensive, low-performance models.

Inexpensive, older models are less energy-efficient and tend to have higher electricity bills than the latest models. High electricity bills further strain already tight monthly living assistance benefits (food and utility costs).

While this may reduce initial costs, forcing recipients to choose models with high utility costs could continue to strain recipients’ household finances for the long term, creating a “vicious cycle of poverty” that prevents them from becoming independent. This ultimately has a significant negative impact on the socio-economic situation.

Abuse of Discretion and the Collapse of the “Minimum Standard of Living That is Healthy and Cultured.”

Article 3 of the Public Assistance Act stipulates that the “minimum standard of living” must be “enough to maintain a healthy and cultured standard of living.” This standard embodies the principle of Article 25 of the Constitution, which guarantees the right to life for all citizens.

However, in today’s “disaster-level heatwaves,” air conditioners are no longer a luxury but have become essential infrastructure for sustaining life. Under these circumstances, does the government’s refusal to provide air conditioners satisfy this constitutional requirement?

The setting of public assistance standards (what constitutes the minimum cost of living) is based on discretion entrusted to the Minister of Health, Labor and Welfare. However, this discretion is not absolute.

The Supreme Court’s ruling on the abolition of the old-age supplement (February 28, 2012) established a standard for determining administrative discretion: “Setting standards that are significantly low, disregarding actual living conditions,” violates the intent of the Constitution and the Public Assistance Act, constitutes abuse of discretion, and is therefore illegal.”

Decisions on the public assistance should be made with a thorough understanding of the various circumstances of each recipient, taking into account their individual and specific circumstances, and ensuring specific appropriateness.

However, the notice in question leaves the approval of air conditioner purchase costs to the extremely vague discretionary standard of “when the implementing agency recognizes it as truly unavoidable.” As a result, approval varies depending on the interpretation of caseworkers and implementing agencies. In effect, this standard serves as an “extremely low standard that ignores actual living conditions.”

Furthermore, it creates inequality among recipients of public assistance who are in similarly difficult circumstances. This situation risks violating the principle of non-discrimination and equality (Article 2 of the Public Assistance Act).

As the need for air conditioners increases, the creation of new public assistance funds and the establishment and operation of a more effective system are needed. It is unreasonable to view air conditioners as “furniture and fixtures.”

“Normalizing the Rules” to Protect Lives

Every year, the Ministry of Health, Labor and Welfare issues heatstroke prevention notices, urging the public to be vigilant. However, behind the scenes, this is essentially a written instruction to households receiving welfare benefits, telling them to “find the cost of air conditioning themselves, or if they can’t, take out a loan.” This contradicts the point.

The cost of the air conditioner should be recognized as regular living assistance or a summer supplement, and benefits should also be extended to cover breakdowns due to aging. Furthermore, energy-saving performance should be taken into account, and realistic limits on the amount of benefits should be set based on scientific and fair calculations.

These are not excessive demands. They are minimal rule changes necessary to protect lives. The government should reconsider standards that could lead to the selection of lives based on a single piece of paper called an “administrative notice.”
What is needed is a fair implementation based on the Constitution, one that equally respects the right to life for all people.

Notes:

• The original title of this article in Japanese is “A Lonely Death Without Air Conditioning for Heating in the Middle of Winter… The Tragedy of a Single Mother in Her 40s on Welfare Benefits Offers a Lesson for the Government.”
• The translator has put the tittle of the English translation as, “What Is the ‘Minimum Standards of Wholesome and Cultural Life’? — Some Case Studies on the Right to Life in Achieving Positive Peace — ”, because this original article not only reports about some tragic cases of the controversial administrative decisions on some critical social welfare cases but also provides the reader with an opportunity to consider the depth of discussions on the “right to life”, which is one of the essential elements in achieving positive peace.
• Mahatma (MohandasKaramchand) Gandhi’s words on poverty were quoted by the translator.
• Some relevant web links in [ ] and hyperlinks were added by the translator for the convenience of the reader.
• The text of the Article 25 of the Constitution of Japan and that of the Article 9 of the Public Assistance Act of Japan were added in the Italic letters by the translator for the convenience of the reader.
• Some sentences, which seemingly the original author intended to emphasize, were expressed in the Italic letters by the translator.

_______________________________________

Original author: (Ms.) Hitomi Miki
Administrative Scrivener (Hitomi Comprehensive Legal Affairs Office), Certified Social Insurance and Labor Consultant (Hitomi Social Insurance and Labor Consultant Office). As a “certified administrative scrivener” with the authority to represent people in the procedures for appeals regarding permits and licenses related to documents submitted to government agencies, she has supported over 10,000 applications for welfare benefits nationwide. Her books include “Can I Receive Welfare Benefits? (2024 revised edition)” (Pencom).

Translation:  Satoshi Ashikaga – Google Translate

This article originally appeared on Transcend Media Service (TMS) on 29 Dec 2025.

Anticopyright: Editorials and articles originated on TMS may be freely reprinted, disseminated, translated and used as background material, provided an acknowledgement and link to the source, TMS: What Are the Minimum Standards for a Wholesome Cultural Life?, is included. Thank you.

If you enjoyed this article, please donate to TMS to join the growing list of TMS Supporters.

Share this article: email mastodon facebook 🔗 copy link

This work is licensed under a CC BY-NC 4.0 License.

There are no comments so far.