In a controversial ruling this past week, the Taipei High Court held both Jing-Wen High School (
Chen was seen as the good Samaritan in volunteering to help Yen Hsu-Nan (
From a legal standpoint, most would agree that a NT$3 million award against Chen is far too harsh. Conversely, it is also going too far to conclude that people acting out of kindness can never be considered legally negligent or at fault. Parents who kill their children before committing suicide themselves may be acting out of good intentions, fearing their children would not be taken care of after their death. But they are still guilty of murder from a legal standpoint.
If good intentions serves as the key determinant of a person's fault and guilt, there is the practical question of distinguishing between people acting out of "good" intentions and "bad" intentions. Of course, in Chen's case there is no question that he acted out of kindness. However, in many if not most cases it is impossible to make the distinction.
Perhaps the saddest thing about the ruling is the chilling effect it may have on people's sympathy the next time they contemplate doing a good deed. In this respect, a nominal award against Chen might be more appropriate -- to still encourage "good Samaritans" to to carry out good deeds.
Yen's tragic death must have wreaked havoc on both the Yen and Chen family. But if any finger is to be pointed, it would first have to be at the prolonged lack of services and widespread social indifference to the needs of the disabled. Existing law requires that schools provide disabled access, but it's doubtful whether the law is being enforced. As for public buildings, only the newly-erected ones are required to provide disabled access -- hardly sufficient.
If any good can come of this case, it is the unprecedented public attention that is now focused on the dire need for handicapped access and improved public facilities in Taiwan -- schools are just one example. Yen's tragic death took place more than five years ago, but only now the Taipei County Government has decided to inspect the school for disabled access -- thanks to the recent public interest.
People who have visited western countries must have noticed in comparison how Taiwan lacks handicapped access in public facilities. In those countries, wheelchair ramps, and elevators and restrooms for the handicap are almost always available everywhere -- from places such as movie theaters to schools, to department stores. Yet in Taiwan, where people take pride in the country's accomplishment in democracy and human rights, not even the Legislative Yuan offers a restroom for the handicapped. Isn't it also a demonstration of human rights progress to offer a handicapped-friendly environment where members of the disabled community can enjoy convenience just like everyone else?
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