Right to Treatment

Abstract

Through a series of court cases, the right of mental health patients to receive treatment for their mental illness is well established. For instance, in Wyatt v. Stickney (1972) and O' Connor v. Donaldson (1975) the need for the state to provide treatment services was made explicit. Yet, within this treatment availability model, maintaining and protecting the rights of the consumer remains paramount. Relying on therapeutic jurisprudence, an appropriate balance can be provided between the right to treatment and mandated treatment. The article delineates both controversies and challenges associated with a right to treatment in juvenile offenders, sex offenders, and prisoners.