United Nations Independent Expert for SOGIE Focuses on So-Called Conversion Therapy

It is also clear that more data are needed to understand the full array of SOGIE change practices being perpetrated around the world. Outright’s recent research, which includes a literature review, a survey of nearly 500 people from 80 countries, and 19 in-depth interviews with survivors representing 11 countries, was presented at the Independent Expert meeting, as were survivor stories and examples of laws and policies being put in place in various jurisdictions to ban or curb “conversion therapy” practices. Additional context-specific research is needed, however, to better characterize the nature of these practices in different countries, and how they can be banned. This includes data that will shed light on intersectional issues such as relative vulnerabilities based on race, ethnicity, socioeconomic status, gender, and the like.

Several high-level policymakers, including a member of the French National Assembly, Laurence Vanceunebrock, and the author of Malta’s national ban, Desiree’ Attard, discussed their approaches to curtailing “conversion therapy” in their countries. Ms. Vanceunebrock noted that while there are a range of existing statutes within the French criminal code that could apply to “conversion therapy” practices, they are not used as such. She therefore is advocating for the creation of a specific criminal statute that addresses “conversion therapy” practices. Without compelling data on the nature and scope of the problem, however, it is not easy to make the case for new legislation. Yet, without the legislation, is it difficult to document the problem. The Malta law, which constitutes a national ban of any form of “conversion therapy,” is very comprehensive and part of a series of national laws to strengthen protections against violence and discrimination based on SOGIE. It potentially may serve as a useful model for other countries. Canada, as well, is home to the strongest municipal law against “conversion therapy” in the world, in the city of Edmonton. Just one week after this meeting, the Canadian government proposed a draft national law that is based on the Edmonton statute.

Another important discussion regarding legal and policy pathways for curbing “conversion therapy” addressed the implications of using criminal vs. civil sanctions. Sahar Moazami noted that criminalization often disproportionately affects marginalized populations and so civil sanctions may be more appropriate. In addition, just as freedom of religion works as a roadblock to dismantling “conversion therapy”, professional client-provider relationships and the balance between parental and child rights are hard to regulate. Dainius Puras, who is the UN Independent Expert on the Right to Health, noted that he found the deference to parental rights “quite dangerous,” but that conservative trends in global rights discourse are moving in this direction. Another key focus regarding criminalization of “conversion therapy” was whether certain forms of it constitute cruel, inhumane or degrading treatment or torture, enabling the invocation of international human rights law, or whether there should be thresholds for example, that must be reached.