The Past and Present of the Right to Treatment: A Slogan Gone Astray

Abstract

The theoretical justification of a constitutional “right to treatment” has been that it makes up for the “deprivation of liberty” stemming out of involuntary commitment. The Supreme Court, however, in 1975 rejected this quid pro quo theory. Though it went without acceptance, the loss of liberty rationale underlying it has had an impact, and will continue to do so.