| 摘要: | 長期照顧制度之目的為提供長期照顧需求者，能獲得安全妥適之照顧環境。因此相當重視照顧需求者之相關權益，並且對於專業之照顧機構及照顧人員亦有相當程度之規範。由於專業照顧人員屬於勞雇契約相對人，因此受較完整之社會法相關規定保障，反觀，長期於家中為照顧需求者進行日常照顧之家庭照顧者，雖同樣作為長期照顧服務之人力，但其相關保障規定與專業照顧人員相較之下，略顯不足。
參考實施長期照顧制度較有經驗之德國，在社會法典第11編（長期照顧保險法）規定中，對家庭照顧者提供較多元之長期照顧服務給付，並且對於其權益保障亦較為完善。因此，本文研究之目的在探討，我國在長期照顧制度、長期照顧政策及其他社會法規範中，對家庭照顧者提供之長期照顧給付與權益保障相關規定，及規範不足之處，並以德國長期照顧制度之發展，與德國長期照顧保險法對家庭照顧者權益保障相關條文，當作借鏡，以作為我國未來立法之參考依據。
The main purpose of the long-term care system is to provide an environment where people who need long-term care can obtain safe and appropriate care. Therefore, it attaches great importance to the relevant rights and interests of those who have care for the needs, and also establishes relevant legal norms for professional care institutions and caregivers. Because professional caregivers are contract party of labor employment contracts, they can be protected by the relevant provisions of the social law. Conversely, for family caregivers who have long-term care for their needs in the home. Even if they provide the same care as professional caregivers, they do not receive the same legal protection.
Refer to Germany's experience in implementing long-term care systems. In the provisions of the German Social Care Insurance Law, there are a lot of provisions in it for the long-term care payments of family caregivers. And the protection of the rights and interests of family caregivers is more complete. The purpose of this article in this article is to protect the rights and benefits of long-term care for family caregivers in Taiwan's long-term care system and policies and other social law norms. It also contains provisions for studying the lack of protection for the family caregiver’s rights and interests in Taiwan’s long-term care system. It is expected to use the German long-term care system and the social care insurance law as a reference for the protection of family caregivers' rights and interests. |
