Hostname: page-component-cd9895bd7-gvvz8 Total loading time: 0 Render date: 2024-12-26T07:38:41.021Z Has data issue: false hasContentIssue false
  • English
  • Français

Construction of Socio-Legal Dignity for Old Persons: Narrative Perspectives from Taiwan

Published online by Cambridge University Press:  25 June 2021

Amy Huey-Ling Shee
Amy Huey-Ling Shee*
Affiliation:
1Professor of Law, Director of Taiwan Legal Information Institute, National Chung Cheng University, Chiayi, 621301, Taiwan 2Trustee, Asian Law and Society Association
*
E-mail: [email protected]
Get access Rights & Permissions [Opens in a new window]

Abstract

Contemporary laws have been responding to the challenges of ageing societies. Elder people have gradually become a special, if not disadvantaged, social group to be protected, cared for, and even censored by law in the name of protection. The UN has long discussed a Convention to protect the distinctive human rights of old persons while invoking the Convention on the Rights of Persons with Disabilities to protect the dignity of senior citizens. Under national laws, adult-guardianship, welfare, and medical laws are strengthened in the name of better elder care, yet forcing old people to give up the freedom and autonomy that they have enjoyed throughout adulthood. This paper thus argues for the socio-legal construction of “elderhood” to respond to the special needs of senior citizens to maintain individual dignity. By observing narrative accounts of elders in care, socio-legal images of Taiwan elderhood may be presented for analyses. A proposal is then made to suggest the socio-legal construction of the individual dignity of elder people.

Keywords

dignityautonomyadult guardianshipCRPDhuman right
Type
Dignity in East Asian Law and Society
Information
Asian Journal of Law and Society , Volume 8 , Issue 1 , February 2021 , pp. 168 - 180
Copyright
© The Author(s), 2021. Published by Cambridge University Press on behalf of Asian Journal of Law and Society

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Arai, Hidenori, Ouchi, Yasuyoshi, Yokode, Masayuki, et al. (2012) “Toward the Realization of a Better Aged Society: Messages from Gerontology and Geriatrics.” 12 Geriatrics & Gerontology International 16–22.CrossRefGoogle ScholarPubMed
Chung, Ping-Cheng (2015) “The Legal System of the Elderly Protections: Focus on Senior Citizens Welfare Act of the R.O.C. [abstract in English].” 19 Long-Term Care Magazine 225–35.Google Scholar
Control Yuan, Taiwan (2017) “The Control Yuan Human Right Official Work on Human Rights IV: Human Rights of Senior Citizens,” www.cy.gov.tw/dl.asp?fileName=16281725505.pdf (accessed 5 July 2019).Google Scholar
Craigie, Jillian, Bach, Michael, et al. (2018) “Legal Capacity, Mental Capacity and Supported Decision-Making: Report from a Panel Event,” https://mhj.org.uk/2018/10/31/legal-capacity-mental-capacity-and-supported-decision-making-report-from-a-panel-event/ (accessed 5 August 2019).Google Scholar
Dabove, María Isolina (2017) “Autonomy and Capacity: About Human Rights of Older Persons in Dependency Situations.” 42 Ageing International 335–53.CrossRefGoogle Scholar
Dinerstein, Robert D. (2012) “Implementing Legal Capacity under Article 12 of the UN Convention on the Rights of Persons with Disabilities: The Difficult Road from Guardianship to Supported Decision-Making.” 19 Human Rights Brief 8–12.Google Scholar
Doran, Caroline Josephine, Noonan, Maria, & Doody, Owen (2019) “Life-Story Work in Long-Term Care Facilities for Older People: An Integrative Review.” 28 Journal of Clinic Nursery 1070–84.Google ScholarPubMed
Eastman, Jennifer, & Winchell, Rudman (2015) “The Future Is Now: Legal Planning for Elders.” 24 Maine Policy Review 63–6.Google Scholar
Elder, Philip Stewart (1984) “Legal Rights for Nature: The Wrong Answer to the Right(s) Question.” 22 Osgoode Hall Law Journal 285–95.Google Scholar
Global Alliance for the Rights of Older People (2019) “New Report: ‘Our Voices, Our Rights—What Older People Say about the Normative Elements of Their Right to Independence and Autonomy,” https://www.rightsofolderpeople.org/ (accessed 12 October 2019).Google Scholar
Grøndahl, Vigdis Abrahamsen, Persenius, Mona, Bååth, Carina, et al. (2017) “The Use of Life Stories and Its Influence on Persons with Dementia, their Relatives and Staff: A Systematic Mixed Studies Review,” https://bmcnurs.biomedcentral.com/articles/10.1186/s12912–017–0223–5 (accessed 25 October 2019).Google Scholar
Haberstroh, Julia, Oswald, Frank, & Pantel, Johannes (2017) “Ensure Project: Supported Decision-Making and Capacity Assessment in Clinical Dementia Research.” 1 Innovation in Aging 729.Google Scholar
Harpur, Paul (2016) “Old Age Is Not Just Impairment: The CRPD and the Need for A Convention on Older Persons.” 37 University of Pennsylvania Journal of International Law 1027–59.Google Scholar
Herro, Annie (2017) “The Human Rights of Older Persons: The Politics and Substance of the UN Open-Ended Working Group on Ageing.” 23 Australian Journal of Human Rights 90–108.CrossRefGoogle Scholar
Hu, Pei-Chi (2018) “Empirical Study of Adult Guardianship in Taiwan [abstract in English].” Interdisciplinary LL.M. diss., National Taiwan University, https://www.airitilibrary.com/Publication/alDetailedMesh1?DocID=U0001–0807201713080300 (accessed 23 July 2019).Google Scholar
Huang, Li-Yu (2017) “The Constitutional Implementation of Legal Capacity under Article 12 of CRPD with the Comparative Analysis of European Experiences [abstract in English].” LL.M diss., National Taiwan University, http://www.airitilibrary.com/Publication/alDetailedMesh1?DocID=U0001–0508201700080500 (accessed 8 October 2019).Google Scholar
Huang, Siehchuen (2014) “A Review on the Adult Guardianship System of Taiwan from the Aspect of the UN Convention on the Rights of Persons with Disabilities,” https://www.lawbank.com.tw/treatise/pl_article.aspx?AID=P000222600 (accessed 23 August 2019).Google Scholar
Huang, Siehchuen (2016) “Reconsidering Adult Guardianship in Taiwan through Psychosocial Theories of Aging [abstract in English].” 256 The Taiwan Law Review 69–81.Google Scholar
Huang, Siehchuen (2018) “Adult Guardianship and Care in Taiwan: An Analysis on Decisions Relating to Compensation for Guardian,” http://homepage.ntu.edu.tw/~schhuang/English_files/Adult%20Guardianship%20and%20Care%20in%20Taiwan.pdf (accessed 5 September 2019).Google Scholar
Keeling, Amanda (2016) “Supported Decision Making: The Rights of People with Dementia.” 30 Nursing Standard 38–44.CrossRefGoogle Scholar
Knight, Julie (2018) “Dignity in Elderly Care: Meaning and Legal Protection, CentAUR, Reading.Ac.Uk 2018.” PhD diss., School of Law, University of Reading.Google Scholar
Kohn, Nina A. (2003) “Second Childhood: What Child Protection Systems Can Teach Elder Protection Systems.” 14 Board of Trustees of the Leland Stanford Junior University Stanford Law & Policy Review 175–202.Google Scholar
Lee, Hsin-Tzu S., Chen, Ching-Yu, & Hu, Wen-Yu (2012) “Advance Care Planning and Elderly Autonomy among Long-Term Care Facilities Residents under Chinese Filial Piety and Familism Culture.” 17 Peaceful Care Journal 187–99.Google Scholar
Lee, Li-Ju (2015) “Development and Challenges of Adult Guardianship in Taiwan [abstract in English].” 45 Tunghai Catholic University Law Review 99–170.Google Scholar
Lin, Hsiou Hsiung (2009) “The Newly-Amended Adult Guardianship Law of Taiwan.” 164 The Taiwan Law Review 139–56.Google Scholar
Lin, Zi-Yu (2018) “A Study on the Protection on the Rights of Long-Term Care System Users: Focus on Long-Term Care Ombudsman and Independent Advocacy.” LL.M. diss., National Cheng-Chi University, http://nccur.lib.nccu.edu.tw/handle/140.119/119761 (accessed 10 October 2019).Google Scholar
Malek, Md Abdul, & Razzak, Muhammad Abdur (2017) “Rights of the Elderly: An Emerging Human Rights Discourse.” 59 International Journal of Law and Management 284–302.CrossRefGoogle Scholar
Moye, Jennifer, Butz, Steven W., Marson, Daniel C., et al., & ABA-APA Capacity Assessment of Older Adults Working Group (2007) “A Conceptual Model and Assessment Template for Capacity Evaluation in Adult Guardianship.” 47 The Gerontologist 591–603.CrossRefGoogle ScholarPubMed
Moye, Jennifer, Marson, Daniel C., & Edelstein, Barry (2013) “Assessment of Capacity in an Aging Society.” 68 The American Psychologist 158–71.CrossRefGoogle Scholar
Muramatsu, Naoko, & Akiyama, Hiroko (2011) “Japan: Super-Aging Society Preparing for the Future.” 51 The Gerontologist 425–32.CrossRefGoogle Scholar
Ory, Marcia, Hoffman, Melane Kinney, Hawkins, Margaret, et al. (2003) “Challenging Aging Stereotypes: Strategies for Creating a More Active Society.” 25 American Journal of Preventive Medicine 164–71.CrossRefGoogle ScholarPubMed
Perlin, Michael L. (2012) “Striking for the Guardians and Protectors of the Mind: The Convention on the Rights of Persons with Mental Disabilities and the Future of Guardianship Law.” 12 New York Law School Legal Studies Research 1–42.Google Scholar
Raikhola, Pushkar Singh, & Kuroki, Yasuhiro (2009) “Aging and Elderly Care Practice in Japan: Main Issues, Policy and Program Perspective; What Lessons Can Be Learned from Japanese Experiences.” 3 Dhaulagiri Journal of Sociology and Anthropology 41–82.CrossRefGoogle Scholar
Riessman, Catherine Kohler (2008) Narrative Methods for the Human Sciences, Thousand Oaks: Sage.Google Scholar
Scharlach, Andrew, Damron-Rodriguez, JoAnn, Robinson, Barrie, et al. (2000) “Educating Social Workers for An Aging Society: A Vision for the 21st Century.” 36 Journal of Social Work Education 521–38.CrossRefGoogle Scholar
Shee, Amy Huey-Ling (2016) “Global Law and Comparative Study of Law and Society in East Asia” Presented at Asian Law & Society Association (ALSA) Conference 2016, Singapore, 22–23 September 2016.Google Scholar
Shee, Amy Huey-Ling (2017a) “Boundaries and Bridges between UN Human Rights Conventions and Taiwan People” Presented at Walls, Law & Society Association (LSA) Annual Conference 2017, Mexico City, 25–29 June 2017.Google Scholar
Shee, Amy Huey-Ling (2017b) “Human Rights of Elders in the Aging Society” Presented at the LAWASIA Annual Conference, Tokyo University, Japan, 19 September 2017.Google Scholar
Shee, Amy Huey-Ling (2017c) “Socio-Legal Challenges of the Aging Society” Presented at Asian Law & Society Association (ALSA) Conference 2017, HsinChu, Taiwan, 15–16 December 2017.Google Scholar
Shee, Amy Huey-Ling (2018a) “Human Dignity of Elders: Narrative Analyses” Presented at Asian Law & Society Association (ALSA) Conference 2018, Bond University, Gold Coast, 30 November 2018.Google Scholar
Shee, Amy Huey-Ling (2018b) “Socio-Legal Construction of ‘the Family’ under the ROC Law and Judicial Review” Presented at Biennial Conference of Asian Studies Association of Australia (ASAA), Sydney, Australia, 3–5 July 2018.Google Scholar
Shee, Amy Huey-Ling (2019a) “From Transaction Safety to Dignified Ageing: Socio-Legal Challenges of Adult Guardianship in Taiwan” Presented at The International Conference on Adult Guardianship, Taiwan Family Law Association, Taipei, 23 August 2019.Google Scholar
Shee, Amy Huey-Ling (2019b) “Individual Dignity of the Ageing Society in Taiwan: Legal Reform and Community Care” Presented at the Cross-Strait Human Rights Forum, Renmin University, Beijing, 11 July 2019.Google Scholar
Shee, Amy Huey-Ling (2019c) “Socio-Legal Reconceptualization of Elderhood with Dignity” Presented at Law & Society Association (LSA) Annual Conference 2019, Washington, DC, 30 May–2 June 2019.Google Scholar
Shee, Amy Huey-Ling, & Kao, Bernard Y. K. (2018) “Elderly Rights Clinic: A Trial Course of Interdisciplinary Conversational Teaching in Local Communities,” in Hau, F. M., ed., Construction of Innovative Legal Theories in the New Era: Collection of Essays to Celebrate the 80th Birthday of Justice Tei-Chug Liu, Taipei: The Edit Committee of the Collection, 1–38.Google Scholar
Shogren, Karrie A. (2018) “Supported Decision-Making: Theory, Research, and Practice to Enhance Self-Determination and Quality of Life,” https://tw.search.yahoo.com/search?fr=mcafee&type=E211TW885G0&p=Shogren+Supported+Decision+Making (accessed 8 September 2019).Google Scholar
Tai, Yu-Zu (2014) “A Discussion on the Guardian of the Person in the German Adult Guardianship Law and the Relevant Procedure Rules [abstract in English].” 90 National Taipei University Law Review 91–156.Google Scholar
Teng, Hsueh-Jen (2013) “Problems and Prospects of the Taiwan Adult Guardianship System, National Bar Association Report,” https://www.lawbank.com.tw/treatise/pl_article.aspx?AID=P000217155 (accessed 5 August 2019).Google Scholar
Teng, Hsueh-Ren (2014) “Proposal for Legislation to Voluntary Guardianship System in Taiwan [abstract in English].” 90 National Taipei University Law Review 91–156.Google Scholar
Wells, Kathleen (2011) Narrative Inquiry, Oxford: Oxford University Press.CrossRefGoogle Scholar
Werner, Shirli (2012) “Individuals with Intellectual Disabilities: A Review of the Literature on Decision-Making since the Convention on the Rights of People with Disabilities (CRPD).” 34 Public Health Reviews 1–27.CrossRefGoogle Scholar
Williamson, Toby (2015) “Dementia, Rights and the Social Model of Disability.” 23 Journal of Dementia Care 12–3.Google Scholar
Zhang, Ning Jackie, Guo, Man, & Zheng, Xiaoying (2012) “China: Awakening Giant Developing Solutions to Population Aging.” 52 The Gerontologist 589–96.CrossRefGoogle ScholarPubMed