VOX POPULI: ‘They pay their taxes,' and yet no COVID relief for sex workers
Lawyers representing an escort service that has sought equal eligibility for government aid speak to reporters in Tokyo on June 16. (Yuto Yoneda)
I was deeply disappointed by the recent Supreme Court ruling upholding the constitutionality of the government's decision to exclude the sex industry from COVID-19 relief payments.
In its June 16 decision, the top court ruled that the exclusion of sex-related businesses from eligibility for emergency cash benefits—introduced to mitigate the economic impact of the pandemic—did not violate the Constitution.
The lawsuit had been brought by a company based in the Kansai region that operates a so-called 'deribarii herusu' (delivery health) service—a type of business that dispatches sex workers to clients' homes or hotel rooms, rather than operating from a physical storefront.
Put simply, the court concluded that such work 'poses a risk of undermining the dignity of workers' and therefore does not merit public financial support. This view was endorsed by a majority of justices—four out of five—on the Supreme Court's First Petty Bench.
Had the ruling pointed to concrete examples of workers' dignity being violated—such as, 'your employees suffered such and such specific harm at the hands of customers'—it might have been easier to accept.
Instead, the judgment rested on an abstract and hypothetical 'risk' of such violations, offering no tangible basis for its conclusion.
If this kind of work truly undermines the dignity of those engaged in it, that would be a compelling argument for banning the business altogether.
Prostitution, for example, is explicitly prohibited in Japan on the grounds that it 'violates human dignity.'
In contrast, delivery health services are legally permitted under the 'Fueiho'—a comprehensive regulatory framework that governs a broad range of nightlife, entertainment and sex-related businesses.
And yet, despite operating within this legal structure alongside establishments such as cabarets and nightclubs, delivery health businesses are singled out and treated differently based on vague and subjective reasoning.
It's a policy stance that is difficult to justify.
'They pay their taxes appropriately—so what the hell makes them any different?' That blunt remark came from then-Finance Minister Taro Aso during Diet deliberations on the COVID-19 relief payments.
Crude and characteristically unfiltered as ever, Aso's words hit the mark this time—I found myself nodding in agreement.
'There are plenty of bureaucrats who haven't had enough experience with this sector to answer this question,' he added.
Japan is said to have more than 18,000 types of occupations. Yet this Supreme Court ruling appears to lend official approval to the idea that some professions are inherently more 'humble' than others.
'Isn't it this very judgment that undermines human dignity?'
The plaintiff's words at a news conference rang with conviction—and truth.
—The Asahi Shimbun, June 20
* * *
Vox Populi, Vox Dei is a popular daily column that takes up a wide range of topics, including culture, arts and social trends and developments. Written by veteran Asahi Shimbun writers, the column provides useful perspectives on and insights into contemporary Japan and its culture.
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Lawyers representing an escort service that has sought equal eligibility for government aid speak to reporters in Tokyo on June 16. (Yuto Yoneda) I was deeply disappointed by the recent Supreme Court ruling upholding the constitutionality of the government's decision to exclude the sex industry from COVID-19 relief payments. In its June 16 decision, the top court ruled that the exclusion of sex-related businesses from eligibility for emergency cash benefits—introduced to mitigate the economic impact of the pandemic—did not violate the Constitution. The lawsuit had been brought by a company based in the Kansai region that operates a so-called 'deribarii herusu' (delivery health) service—a type of business that dispatches sex workers to clients' homes or hotel rooms, rather than operating from a physical storefront. Put simply, the court concluded that such work 'poses a risk of undermining the dignity of workers' and therefore does not merit public financial support. This view was endorsed by a majority of justices—four out of five—on the Supreme Court's First Petty Bench. Had the ruling pointed to concrete examples of workers' dignity being violated—such as, 'your employees suffered such and such specific harm at the hands of customers'—it might have been easier to accept. Instead, the judgment rested on an abstract and hypothetical 'risk' of such violations, offering no tangible basis for its conclusion. If this kind of work truly undermines the dignity of those engaged in it, that would be a compelling argument for banning the business altogether. Prostitution, for example, is explicitly prohibited in Japan on the grounds that it 'violates human dignity.' In contrast, delivery health services are legally permitted under the 'Fueiho'—a comprehensive regulatory framework that governs a broad range of nightlife, entertainment and sex-related businesses. And yet, despite operating within this legal structure alongside establishments such as cabarets and nightclubs, delivery health businesses are singled out and treated differently based on vague and subjective reasoning. It's a policy stance that is difficult to justify. 'They pay their taxes appropriately—so what the hell makes them any different?' That blunt remark came from then-Finance Minister Taro Aso during Diet deliberations on the COVID-19 relief payments. Crude and characteristically unfiltered as ever, Aso's words hit the mark this time—I found myself nodding in agreement. 'There are plenty of bureaucrats who haven't had enough experience with this sector to answer this question,' he added. Japan is said to have more than 18,000 types of occupations. Yet this Supreme Court ruling appears to lend official approval to the idea that some professions are inherently more 'humble' than others. 'Isn't it this very judgment that undermines human dignity?' The plaintiff's words at a news conference rang with conviction—and truth. —The Asahi Shimbun, June 20 * * * Vox Populi, Vox Dei is a popular daily column that takes up a wide range of topics, including culture, arts and social trends and developments. Written by veteran Asahi Shimbun writers, the column provides useful perspectives on and insights into contemporary Japan and its culture.
