The Historical Evolution And Enlightenment Of The Rights And Interests Protection Of The Disabled In Taiwan

The Taiwan disability rights protection has developed for decades. It contains the unique values and characteristics. This law inherited excellent cultural traditions of the Chinese nation and received advanced perspectives on human rights. In addition, western medical technologies which are well-developed also contribute to the formation of this policy. In 1980,’Disabled Welfare Law’ was passed and it is considered as the first law to protect the disabled in Taiwan and in 2007, this law was changed from its original name to’the protection of the disabled’s rights’. During this 27-year period, this law has been continuously modified and Taiwan government has provided relevant policies to further develop it. This law has gone through several revisions and perfections in many aspects like name, contents, security mode, etc., which contributes to the improvement of living standards of the disabled in Taiwan. This also helps to ensure the basic human rights. Therefore, the successful achievements of this law led to a positive social effect and finally created a perfect social environment for the progress of the disability-related affairs. Although there are differences between Taiwan and mainland China in political system and economic system, the both sides of the Taiwan Strait are from the same root and inherit and develop Chinese culture together. The experience of the protection of the rights and interests of the disabled in Taiwan has a significant reference meaning and value in improving the living and security condition of the disabled and helping them participate in the social life equally and completely as well as enjoying the material and cultural achievements in social development.This paper aims to analyze the historical changes of disability rights protection of Taiwan and summarizes its experiences and limitations. This helps to mirror the limitations of the disability security system of mainland China and finally find positive outcomes that can be drew on in the future. First of all, because of the historical and cultural identity of both sides, the historical views on the disable in Chinese culture and the major policies and thoughts on the disabled of rulers of every dynasty will be demonstrated by reviewing the development of the social security system of the disabled from the Western Zhou Dynasty to the Ming and Qing Dynasties. The fact that good benevolence and relief thoughts remain to be there although the disabled in ancient times had no equal rights, status and social dignity has exerted great influences on the social development of both sides. Afterward, we have a review on the historical development of the rights and interests guarantee system of the disabled in Taiwan. In the early time of Republic of China, the welfare regulation of the disabled-’The Preferential Treatment of the Disabled by Car and Ship’was made as the original rights and interests guarantee system of the disabled in Taiwan. In 1980s, the first special legislation on the disabled-’The Welfare Law for the Disabled’was enacted. Nowadays we have’The Law of Rights and Interests Protection of the People with Mental and Physical Disabilities’and a guarantee system featuring "human rights, independence and social model". The characteristics vary in different periods. With the inheritance and demonstration of Chinese culture and the influence from foreign cultures and technologies,’The Law of Rights and Interests Protection of the People with Mental and Physical Disabilities’comes into being and brings good social effects and atmosphere with the development of regional culture and social powers in Taiwan. Secondly, according to the changes of the rights and interests guarantee systems of the disabled in Taiwan, make a summary of the latest guarantee model and its historical development of the existing law--"the Law of Rights and Interests Protection of the People with Mental and Physical Disabilities". Third, based on the historical evolution of the security system and security mode, this paper further analyses the reasons of its changes which include how people perceive the disabled, how to avoid discrimination and the development of the perception of human rights. Finally, according to the analysis of the changes of the protection of legal in Taiwan, this paper further explores the limitation in mainland China. In this part, the focuses include the possibility of drawing on the original system of Taiwan and how to use it to prefect the social security system in mainland China.