Whose Duty of Elder Care?—Examining the Aging Law and Policy in Taiwan
Journal
Wisconsin International Law Journal
Journal Volume
37
Journal Issue
1
Pages
1-43
Date Issued
2019
Author(s)
Abstract
This article challenges the assumption that elder care is a family's duty by arguing, instead, that it is the collective responsibility of the whole community. Although families have been the cornerstone in caring for their elderly, the capacity of families has been declining in this rapidly aging society. Family carcgiving may also unfairly burden informal caregivers who are unpaid and are mostly women. This article examines the allocation of obligations for elder care, taking the experience of Taiwan as an example. Preserving the tradition of fdial piety, the filial responsibility law is law in action in Taiwan and has a cultural foundation. However, the 2010 amendments allow the court to waive or exempt adult children's obligations to their parents when they were abused or abandoned by their parents, meaning that the family no longer bears an absolute obligation to care for their elderly. On the other hand, the Taiwanese Constitution endorses the principle of welfare state, where the state should provide appropriate assistance and relief to the elderly. Welfare legislation has occurred, which embodies the constitutional mandate and authorizes the state to protect and promote the welfare of the elderly. Nevertheless, when implementing the law, the state has shown a tendency to remain in a supplementary role and to prioritize the families' duties. The disparity between law and practice in Taiwan reveals the assumption that elder care is an individual and familial moral obligation. This article argues that caregiving should be regarded as a shared responsibility because it is a process central to our humanity and everyone could be a caregiver or a care-recipient at certain stages in life. The state is urged to support informal caregivers, to reward them, and to recognize the publicness of caregiving
Subjects
elder care
caregivers
older people
aging
Type
journal article