By Matt Harrington, BCBA · Behaviorist Book Club · April 2026 · 12 min read
Few articles in the behavior-analytic literature have posed a more provocative and enduring question than the one raised by Bannerman, Sheldon, Sherman, and Harchik (1990) in the Journal of Applied Behavior Analysis: do people with developmental disabilities have the right to eat too many doughnuts and take a nap? Behind this deliberately arresting title lies a serious and clinically significant examination of the tension between two fundamental rights that behavior analysts must navigate in their daily practice, the right to effective habilitation and the right to personal liberty.
The clinical significance of this topic has only grown in the decades since the article's publication. As the field of behavior analysis has expanded its reach and refined its technology, the power to change behavior has become increasingly sophisticated. This power brings with it an intensified ethical obligation to ensure that behavior change efforts serve the genuine interests and preferences of the individuals receiving services, not merely the convenience of caregivers, the efficiency of service systems, or the preferences of practitioners.
At its core, this topic challenges behavior analysts to examine a fundamental assumption embedded in much of their training: that behavior change is inherently beneficial for the client. The habilitative framework assumes that teaching new skills, reducing problem behavior, and increasing independence are always in the client's interest. But when habilitation goals are set without meaningful consideration of the client's own preferences, values, and lifestyle choices, the process can become paternalistic and controlling rather than empowering. A client who is taught to make their bed every morning, eat nutritionally balanced meals, and follow a structured daily schedule may be acquiring skills, but they may also be losing the autonomy that defines a dignified life.
This tension is clinically significant because it arises in virtually every service context where behavior analysts work with individuals who have limited control over their daily lives. Residential settings, day programs, school environments, and even home-based services all involve decisions about how much control the individual exercises over their own choices versus how much control is exercised by service providers in the name of habilitation. The way behavior analysts navigate this tension directly affects client welfare, quality of life, and the ethical integrity of the services they provide.
For contemporary practitioners, the article serves as a touchstone for a broader conversation about client autonomy, self-determination, and the limits of professional authority. It reminds us that effective habilitation and respect for personal liberties are not competing goals but complementary ones that require thoughtful integration in every treatment plan and service delivery model.
The article by Bannerman, Sheldon, Sherman, and Harchik (1990) emerged during a period of significant transformation in services for individuals with developmental disabilities. The deinstitutionalization movement had been reshaping service delivery for decades, moving individuals from large, restrictive institutional settings into community-based residences and programs. While this shift represented enormous progress in terms of physical environment and community integration, it also created new challenges around autonomy and choice.
In institutional settings, the denial of personal liberty was often explicit and systematic: residents ate what was served, went where they were directed, and followed schedules determined entirely by staff. Community-based settings offered the potential for greater autonomy, but in practice, many of the same controlling dynamics persisted in subtler forms. Service providers, including behavior analysts, often designed programs that prioritized skill acquisition and behavioral compliance without adequately considering whether the goals reflected the individual's own desires and values.
The concept of the right to habilitation had been established through landmark legal cases and policy developments. The right to effective treatment, and later the right to effective behavioral treatment specifically, affirmed that individuals with disabilities were entitled to services that would help them develop skills and achieve greater independence. This right was a crucial protection against the neglect and warehousing that had characterized institutional care. But Bannerman and colleagues pointed out that an uncritical emphasis on habilitation could itself become a form of control, particularly when it overrode the individual's right to make choices that others might consider unwise.
The right to personal liberty, by contrast, is rooted in the broader civil rights framework that recognizes all individuals as having the right to make decisions about their own lives, including decisions that others might view as unhealthy, unproductive, or suboptimal. Nondisabled adults regularly exercise this right: they eat junk food, skip exercise, watch excessive television, and make countless other choices that others might consider inadvisable. The question Bannerman and colleagues posed was whether individuals with developmental disabilities should be afforded the same latitude.
This background is essential for understanding why the article remains relevant today. The tension between habilitation and liberty has not been resolved; it has merely taken new forms as service delivery models have evolved. Person-centered planning, self-determination movements, and dignity of risk frameworks have all attempted to address this tension, but the practical challenges of implementing these philosophies in daily service delivery remain significant.
The clinical implications of balancing habilitation rights with personal liberties touch every aspect of behavior-analytic practice with individuals who have developmental disabilities or other conditions that place them in structured service systems. These implications extend from initial assessment and goal selection through intervention design, implementation, and outcome evaluation.
The most fundamental clinical implication involves goal selection. Behavior analysts often inherit goals from referral sources, caregivers, or institutional priorities that may not reflect the individual's own preferences. A residential program may establish a goal for a client to make their bed daily, maintain a clean living space, and follow a structured morning routine. While these goals may reflect important life skills, the clinical question is whether the individual values these outcomes or whether they are being imposed for the convenience of the service system. Code 2.09 (Using Effective and Appropriate Assessments) supports the need for thorough assessment that includes the client's preferences and values, not just the concerns of referral sources.
Preference assessment takes on particular significance in this context. Behavior analysts have sophisticated tools for assessing preferences for tangible items, activities, and social interactions. But the kind of preference assessment needed to balance habilitation with liberty goes deeper: it involves understanding the individual's broader life preferences, their tolerance for structure versus freedom, their willingness to accept risk in exchange for autonomy, and their vision for their own life to the extent that they can communicate it. For individuals with limited communication, this assessment may require creative approaches, careful observation of behavior in choice-making situations, and input from people who know the individual well.
Intervention design must also reflect this balance. When a behavior analyst designs an intervention to reduce a behavior that is targeted because it violates a program rule or caregiver preference rather than because it poses genuine risk to the individual, they should critically examine whether the intervention serves the client or the system. Code 2.14 (Selecting Conditions for Behavior-Change Interventions) requires that interventions be individualized and based on the client's needs rather than institutional convenience.
The concept of dignity of risk is a critical clinical consideration. Dignity of risk refers to the right to experience the natural consequences of one's choices, including choices that involve some degree of risk. A behavior analyst who designs an intervention to prevent a client from ever eating unhealthy food, for example, may be protecting the client's physical health but undermining their dignity and autonomy. The clinical challenge is determining when risk is acceptable and when it genuinely threatens the individual's welfare in ways that justify intervention.
Reinforcement practices also warrant examination through this lens. When service providers use access to preferred activities as reinforcement for compliance with institutional routines, they may be restricting liberties that should be freely available. The question of whether a preferred activity is a privilege to be earned or a right to be exercised is a clinical and ethical judgment that behavior analysts must make thoughtfully.
Finally, outcome measurement should include quality-of-life indicators alongside skill acquisition data. A treatment plan that produces impressive skill gains but leaves the individual feeling controlled, unhappy, or disconnected from their own preferences has not achieved a meaningful clinical outcome.
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The ethical considerations involved in balancing habilitation rights with personal liberties are among the most complex in behavior-analytic practice. The BACB Ethics Code (2022) provides guidance through several interconnected standards, though the application of these standards to specific situations requires nuanced judgment.
Code 2.01 (Providing Effective Treatment) establishes the obligation to provide services that benefit clients. However, this standard must be interpreted in light of who defines what constitutes a benefit. If effective treatment is understood solely as skill acquisition and behavior reduction, then habilitation goals will always take precedence over liberty. If effective treatment is understood more broadly as supporting the individual's overall quality of life, autonomy, and self-determination, then the balance shifts toward greater respect for personal choice.
Code 3.01 (Responsibility to Clients) requires behavior analysts to prioritize the welfare of their clients above all other considerations. This standard is directly relevant when the interests of clients and the interests of service systems diverge. A residential program may prefer that all clients follow the same daily routine for staffing efficiency, but a specific client may strongly prefer a different schedule. The behavior analyst's ethical obligation is to advocate for the client's interests, even when doing so creates inconvenience for the system.
Code 2.06 (Informed Consent) is particularly important in this context. Individuals receiving services, or their legally authorized representatives, have the right to be informed about treatment goals, procedures, and alternatives. This includes the right to decline specific goals or interventions. When a client or their representative indicates that a particular habilitation goal is not desired, the behavior analyst must carefully consider this input rather than overriding it based on professional judgment about what is best for the client.
Code 1.07 (Cultural Responsiveness and Diversity) adds another dimension to this ethical analysis. Cultural values, family traditions, and personal beliefs all influence what constitutes a meaningful life and what choices are considered important. A behavior analyst who imposes habilitation goals based on mainstream cultural expectations without considering the individual's and family's cultural context may be acting in a culturally insensitive manner.
Code 2.14 (Selecting Conditions for Behavior-Change Interventions) requires that behavior-change interventions be selected based on the individual's needs and that the least restrictive effective intervention be used. This standard has clear implications for the liberty-habilitation balance: interventions that restrict personal freedoms should be used only when less restrictive alternatives have been considered and when the restriction is justified by genuine risk to the individual.
Code 3.12 (Advocating for Appropriate Services) calls on behavior analysts to advocate for their clients. In the context of this topic, advocacy may involve challenging program policies that unnecessarily restrict client autonomy, educating caregivers and administrators about the importance of choice and self-determination, and working to create service environments that balance structured skill building with meaningful freedom.
The ethical framework also requires behavior analysts to recognize the power differential inherent in their role. They possess professional authority, technical knowledge, and institutional position that give them significant influence over clients' lives. This power must be exercised with humility and a constant awareness that their professional judgment, however well-intentioned, can become a vehicle for paternalism if it is not tempered by genuine respect for client autonomy.
Assessment and decision-making in the context of balancing habilitation with personal liberties require behavior analysts to expand their assessment repertoire beyond traditional behavioral measures and to incorporate considerations that may feel unfamiliar but are essential for ethical practice.
The first assessment priority is understanding the individual's preferences, values, and vision for their life. For individuals who can communicate verbally, this may involve structured interviews, preference inventories, or person-centered planning processes that explicitly ask about desired lifestyle, daily routines, and autonomy priorities. For individuals with limited communication, assessment requires careful observation of behavior in choice-making situations, analysis of approach and avoidance patterns, and input from people who have extended relationships with the individual. The goal is to develop as complete a picture as possible of what the person wants their life to look like.
The second assessment involves evaluating the current service environment for unnecessary restrictions. Behavior analysts should audit the goals and procedures in their clients' treatment plans to identify any that serve institutional convenience rather than client welfare. Questions to ask include: Would a nondisabled adult be expected to demonstrate this behavior? Is this goal based on the client's expressed or assessed preferences? What would happen if this goal were removed, and would the consequences be genuinely harmful or merely inconvenient for caregivers?
Risk assessment is a critical component of decision-making in this area. When a client's preferred choice involves risk, such as eating unhealthy food, declining exercise, or spending time in unstructured leisure, the behavior analyst must assess the nature and magnitude of the risk. Is the risk immediate and severe, such as a client with diabetes wanting to consume large quantities of sugar? Or is the risk comparable to the kind of risk nondisabled adults routinely accept, such as occasionally eating fast food or spending a Saturday on the couch? The standard should not be zero risk but rather a reasonable balance between safety and autonomy.
Decision-making should involve the individual to the maximum extent possible. Even individuals with significant cognitive limitations can participate in decisions about their lives when given appropriate supports, such as visual choice boards, simplified language, or trial experiences with different options. The behavior analyst's role is to facilitate informed choice-making rather than to make choices on the client's behalf.
When decisions must be made by surrogates, such as family members or guardians, the behavior analyst has an ethical responsibility to ensure that the surrogate's decisions reflect the individual's best interests rather than the surrogate's convenience or preferences. This may involve providing the surrogate with information about the individual's observed preferences, the potential benefits of increased autonomy, and the evidence supporting the dignity of risk.
Documentation of the decision-making process is essential. When a behavior analyst determines that a restriction on personal liberty is necessary for safety reasons, the rationale should be clearly documented, including the specific risk involved, the evidence supporting the restriction, and the plan for periodically re-evaluating whether the restriction remains necessary. When a behavior analyst advocates for increased client autonomy over the objections of caregivers or administrators, that advocacy and its rationale should also be documented.
The practical application of the habilitation-liberty balance begins with a shift in perspective. Rather than starting from the question, what skills does this client need to learn, begin with the question, what kind of life does this person want to live, and how can I support them in achieving it? This subtle reframing does not eliminate the importance of habilitation; it contextualizes it within the individual's own goals and values.
Conduct a liberty audit of your current caseload. For each client, review the treatment goals and ask whether each goal was selected because the client or their representative requested it, because it addresses a genuine safety concern, or because it reflects institutional expectations or caregiver preferences. Goals that fall into the third category should be re-evaluated and potentially replaced with goals that more directly serve the client's interests.
Build meaningful choice into your treatment plans. This goes beyond offering a choice between two reinforcers; it means creating genuine opportunities for clients to exercise control over their daily routines, preferred activities, social interactions, and lifestyle choices. When choices involve risk, work with the treatment team to develop plans that manage the risk without eliminating the choice.
Advocate for your clients' autonomy within your service system. This may involve difficult conversations with administrators, caregivers, or colleagues who prefer the efficiency and predictability of highly structured programs. Use the BACB Ethics Code and the professional literature to support your advocacy, and document your efforts.
Finally, reflect regularly on your own assumptions about what constitutes a good outcome for your clients. As trained professionals, behavior analysts are prone to valuing skill acquisition, independence, and productivity. These are important outcomes, but they are not the only measures of a good life. Leisure, pleasure, rest, and the freedom to make imperfect choices are also components of a dignified life, and behavior analysts who recognize this provide more humane and more ethical services.
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Balancing the Right to Habilitation with the Right to Personal Liberties — CEUniverse · 1 BACB Ethics CEUs · $0
Take This Course →All behavior-analytic intervention is individualized. The information on this page is for educational purposes and does not constitute clinical advice. Treatment decisions should be informed by the best available published research, individualized assessment, and obtained with the informed consent of the client or their legal guardian. Behavior analysts are responsible for practicing within the boundaries of their competence and adhering to the BACB Ethics Code for Behavior Analysts.