What just happened?
In July, Boris Johnson made yet another pledge to ensure that so-called conversion therapy will be made illegal in the UK, naming the practice “absolutely abhorrent”. [1] This statement comes two years after the same promise made by former prime minister Theresa May, yet no progress in banning the practice has been made so far. [2]
What does this mean?
Conversion therapy, and its derivatives including reparative therapy and Sexual Orientation Change Efforts, involve a set of various unsafe and discredited practices “aimed at changing an individual’s sexual orientation or gender identity”.[3] Conversion therapists use a “variety of shaming, emotionally traumatic or physically painful stimuli to make their victims associate those stimuli with their LGBTQ+ identities”. [4]
Victor Madrigal-Borloz, the UN’s Independent Expert on protection against violence and discrimination based on gender identity and sexual orientation, has stated that practices such as so-called conversion therapy constitute an “egregious violation of rights to bodily autonomy, health, and free expression of one’s sexual orientation and gender identity”.[5] Ultimately, when “conducted forcibly, they also represent a breach to the prohibition of torture and ill-treatment” as specified in Article 3 of The Human Rights Act. [6] [7] In addition, the 2018 Faith and Sexuality Survey outlined that 68.7% of conversion therapy victims reported having suicidal thoughts, and 59.8% experienced depression and anxiety which required medication to treat.[8] Even after multiple surveys, investigations, and the denouncement of so-called conversion therapy by prominent medical and psychological bodies including NHS England and The British Psychological Society, the total absence of productivity within the government in ensuring this practice is made illegal is appalling. [9]
In a report from The Independent, Equalities minister Kemi Badenoch stated that the topic is “a very complex issue” and that the government had not decided how to proceed. The department was also unable to produce a schedule for “any legislation or forthcoming consultation” against the practice.[10] Indeed, the most visible progress made by the government at this stage is an optional online petition to make the practice of conversion therapy illegal, which further establishes the fact that the government is taking what is a very serious violation of basic human rights and dignity lightly.
In relation, there are many avenues for discussion concerning both the potential criminalisation or lack thereof, of so-called conversion therapy.
If progress was made on the banning of such ‘therapies’, its banning may possibly “drive the practice further underground”. [11] Alicia Kearns, Conservative MP for Rutland and Melton reiterates this point clearly, as she stated: “I recognise a ban may not end conversion therapy completely, there will always be those who seek back-alley practitioners to force it on others”. [12] However, what could be done, as Kearns goes on to state, is to finally give survivors of conversion therapy the “ability to prosecute those responsible for the abuse, create formal support for survivors, and create a strong deterrent in the law”. [13]
However, if conversion therapy remains legal in the UK, how can a survivor of conversion therapy who, for example, is a minor, get justice through the legal system?
· How can minors who have been coerced or forced into a conversion program by family members be kept safe?
· Could parents still take their children abroad for conversion therapy, and how could such situations be prevented?
· How can survivors of conversion therapies receive justice in a legal setting if this practice is not criminalised?
Whether the government eventually elects to “criminalise the practice, or place deterrents in some other form”, progress made will mark a prominent step towards acknowledging the basic human rights and dignity of many. [14]
Written by Connie Barnes
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References:
[1] ‘Boris Johnson pledges ban on “gay conversion therapy”’ (BBC News, July 20th, 2020)
[2] For Reference, Ashley Cowburn, ‘Theresa May vows to eradicate “abhorrent” gay conversion therapy as part of LGBT+ equality plan’ (The Independent, July 2nd, 2018)
[3] ‘About Conversion Therapy – The Trevor Project’, (The Trevor Project, 2020) https://www.thetrevorproject.org/get-involved/trevor-advocacy/50-bills-50-states/about-conversion-therapy/
[4] Ibid, Trevor Project
[5] ‘UN expert calls for global ban on practices of so-called “conversion therapy”’ (United Nations Human Rights, Office of The High Commissioner, July 8th, 2020)
[6] Ibid
[7] ‘Article 3: Freedom from torture and inhuman or degrading treatment’, https://www.equalityhumanrights.com/en/human-rights-act/article-3-freedom-torture-and-inhuman-or-degrading-treatment
[8] Ellen Hoggard, ‘Survey reveals impact of conversion therapy on mental health’ (Happiful, February 21st, 2019)
[9] ‘Memorandum of Understanding on Conversion Therapy in the UK’ (November 2015)
[10] Jon Stone ‘UK government hasn’t banned gay conversion therapy two years after pledge to end practice’ (The Independent, May 18th, 2020)
[11] The government’s LGBT action plan: banning conversion therapy’ (A City Law Firm, undated)
[12] Gay “conversion” therapy is fraudulent and abusive – it’s time to ban it for good’ (Attitude, July 16th, 2020)
[13] Ibid
[14] Ibid, (A City Law Firm)
Disclaimer: This article (and any information accessed through links in this article) is provided for information purposes only and does not constitute legal advice.