Civil rights--right to treatment--neither due process nor equal protection clause of the Fourteenth Amendment guarantees the "right to treatment" for mentally retarded children confined in a state.
Identification
- Public canonical key
- openalex:w4300942916
- Authors
- —
- Reported year
- 1974
- Reported language
- en
- Source type
- article
- First detected
- 2026-11-09T19:04:47.980848+00:00
- Last metadata observation
- 2026-11-09T19:04:47.980848+00:00
- Last HTTP verification
- Not checked
Documentary abstract — original language
Civil rights action was brought on behalf of residents at Willowbrook State Hospital by their parents and guardians attacking the conditions and treatment offered violated due process and equal protection. The court refused to extend a right to treatment to patients civilly committed to state hospitals - forestalling an extension of such rights to the retarded. Plaintiffs sought to classify the vast majority of commitments as involuntary despite original admission data mandating due process protection. The court determined that a hearing with procedural safeguards would suffice and in certain situations the court may find the appointment of a guardian at law is an appropriate way to prevent harm. Although recognizing the alternative approaches which have been applied in the right to treatment area, the court took a big step and withheld. It limited the relief guaranteeing Willowbrook patients protection against harm and defined freedom from harm as limited to physical care. The decision fails to indicate where the right to protection from harm ends and the right to treatment begins. The court has assumed the initial responsibility of supervising defendant's compliance with its order. Currently, the right to treatment is a higher standard and would require training programs and the like to be implemented.
Identifiers
- OPENALEX
- W4300942916
- HANDLE
- 10822/717068 · 10822/769390
Documentary context
- Documentary family
- Scholarship
- Source-reported types
- article
Entity mentions are not evidence of legal recognition. Jurisdiction studied is separate from author affiliation country.
Sources
OpenAlex · Record 1 · Record 2 · Record 3
- Handle · https://hdl.handle.net/10822/717068
- Handle · https://hdl.handle.net/10822/769390
- OpenAlex · https://openalex.org/W4300942916
Documentary field provenance
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Cite this reference
Civil rights--right to treatment--neither due process nor equal protection clause of the Fourteenth Amendment guarantees the "right to treatment" for mentally retarded children confined in a state.. 1974. https://www.declarationuniverselledesdroitsdelarbre.org/global-rights-of-nature-radar/reference/r-896ae3c59e58516f1c2cc1a2e64b6f3a/
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APA, Chicago, ISO 690: bibliographic formats using available fields. OSCOLA / Bluebook: structured data only; full legal citation compliance is not claimed without verification of required elements.
- APA
- (1974). Civil rights--right to treatment--neither due process nor equal protection clause of the Fourteenth Amendment guarantees the "right to treatment" for mentally retarded children confined in a state.. https://www.declarationuniverselledesdroitsdelarbre.org/global-rights-of-nature-radar/reference/r-896ae3c59e58516f1c2cc1a2e64b6f3a/
- Chicago
- Civil rights--right to treatment--neither due process nor equal protection clause of the Fourteenth Amendment guarantees the "right to treatment" for mentally retarded children confined in a state.. 1974. https://www.declarationuniverselledesdroitsdelarbre.org/global-rights-of-nature-radar/reference/r-896ae3c59e58516f1c2cc1a2e64b6f3a/
- ISO 690
- Civil rights--right to treatment--neither due process nor equal protection clause of the Fourteenth Amendment guarantees the "right to treatment" for mentally retarded children confined in a state.. 1974. https://www.declarationuniverselledesdroitsdelarbre.org/global-rights-of-nature-radar/reference/r-896ae3c59e58516f1c2cc1a2e64b6f3a/
UDTR Global Rights of Nature Legal Library. Civil rights--right to treatment--neither due process nor equal protection clause of the Fourteenth Amendment guarantees the "right to treatment" for mentally retarded children confined in a state.. Documentary record: https://www.declarationuniverselledesdroitsdelarbre.org/global-rights-of-nature-radar/reference/r-896ae3c59e58516f1c2cc1a2e64b6f3a/ · Last HTTP verification: not performed
Field provenance and record version
Version 4d374b31ccb540de · udtr-reference-1.1.2
- Title
- OpenAlex · 2026-11-09T19:04:47.980848+00:00
- Year
- OpenAlex · 2026-11-09T19:04:47.980848+00:00
- Identifiers
- OpenAlex · 2026-11-09T19:04:47.980848+00:00
History tracks record metadata and does not certify the state of the law.
f392eb2ccd58c009 · 2026-11-09T19:04:47.980848+00:00
e77c85c4652195e2 · 2026-11-09T19:04:47.980848+00:00
d0be1bf02b4ab100 · 2026-11-09T19:04:47.980848+00:00
4d374b31ccb540de · 2026-11-09T19:04:47.980848+00:00
Research dossiers and documentary relations
Source roles
Discovery source · https://hdl.handle.net/10822/717068
Discovery source · https://hdl.handle.net/10822/769390
Discovery source · https://openalex.org/W4300942916
An authority link alone does not verify a legal claim. Abstracts and full texts remain subject to their source terms.
Documentary status
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Library
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