- Sep 2017
One could conceivably argue that just as these personal decisions about medical procedures are insulated from the state power, so, too, should be the decisions someone makes about whether to receive a particular kind of psychiatric or psychological treatment.
Except states regularly infringe upon these rights and/or limit/remove the means of exercising such rights
Thus, the Court has drawn on the Constitution—and specifically its “due process” requirements and the safeguards they raise against arbitrary restrictions on bodily freedom—to assure that government does not impose such treatment on prisoners or mental patients without powerful reasons.
This is false. For instance, there are countless documented cases in which the state has forcibly sterilized prisoners or used unwilling sterilization as a means of obtaining early parole for segments of the population deemed lesser (i.e., women of color, poor people, etc.)