Tuesday, March 10, 2020

World Therapy Bans

Conversion Therapy

Conversion therapy is the pseudoscientific practice of trying to change an individual's sexual orientation from homosexual or bisexual to heterosexual using psychological or spiritual interventions. There is no reliable evidence that sexual orientation can be changed and medical institutions warn that conversion therapy practices are ineffective and potentially harmful. Medical, scientific, and government organizations in the United States and United Kingdom have expressed concern over the validity, efficacy and ethics of conversion therapy. Various jurisdictions around the world have passed laws against conversion therapy. 

Techniques used in conversion therapy in the United States and Western Europe have included ice-pick lobotomies; chemical castration with hormonal treatment; aversive treatments, such as "the application of electric shock to the hands and/or genitals"; "nausea-inducing drugs ... administered simultaneously with the presentation of homoerotic stimuli"; and masturbatory reconditioning. More recent clinical techniques used in the United States have been limited to counseling, visualization, social skills training, psychoanalytic therapy, and spiritual interventions such as "prayer and group support and pressure",[20] though there are some reports of aversive treatments through unlicensed practice as late as the early 2000s. The term reparative therapy has been used as a synonym for conversion therapy in general,[8] but it has been argued that strictly speaking it refers to a specific kind of therapy associated with the psychologists Elizabeth Moberly and Joseph Nicolosi.



Map of countries that have bans on sexual orientation and gender identity change efforts with minors.

Dark Blue =  Ban on conversion therapy on the basis of sexual orientation and gender identity
Light Blue =   Case-by-case bans
Yellow -   Ban on conversion therapy pending or proposed
 Grey =  No ban on conversion therapy

Country:
Argentina:  Nationwide ban: Since 2010, no diagnosis can be made in the field of mental health on the exclusive basis of "sexual choice or identity". The ban only applies to registered health professionals.

 Australia:  Banned in one state: In February 2016, the Government of Victoria announced it would promptly introduce legislation to crack down on conversion therapy.  On 9 February 2016, a legislative bill was introduced to the lower house of the Victorian Parliament. The bill created a Health Complaints Commissioner with increased powers to take action against groups performing conversion therapy; these powers ranging from issuing public warnings to banning them from practicing in Victoria. It passed the lower house on 25 February 2016, passed the upper house on 14 April 2016 with minor amendments and passed the lower house with the attached amendments on 27 April 2016. Royal assent was granted on 5 May 2016.  The law, known as the Health Complaints Act 2016,  went into effect on 1 February 2017. Western Australia and the Australian Capital Territory are also considering enacting laws to crack down on conversion therapy. In April 2018, Health Minister Greg Hunt confirmed that the Australian Government does not support conversion therapy.

 Brazil:  Nationwide ban: In 1999, the Federal Council of Psychology issued two provisions which state that "psychologists shall not collaborate in events or services offering treatment and cure for homosexuality", and that "psychologists will neither pronounce nor participate in public speeches, in the mass media, reinforcing social prejudice related to homosexuals as pursuing any kind of psychological disorder".  Brazil thus became the first country in the world to ban conversion therapy. In 2013, the Commission for Human Rights of Brazil's lower house of Congress, headed by an evangelical Christian man, approved legislation that would nullify the Council's provisions and legalize conversion therapy. The bill subsequently died without any more legislative action. In September 2017, a federal judge in Brasília approved the use of conversion therapy by a psychologist to "cure" people of homosexuality, overruling the 1999 decision. However, in December 2017, the same judge changed his decision, keeping the "treatment" banned. In January 2018, the Federal Psychology Council established norms of performance for psychologists in relation to transsexual and transvestite people, also banning any conversion therapy

 Canada:  Banned in three provinces and one city: Conversion therapy is banned in the province of Manitoba (since 2015),  for minors in Ontario (since 2015),  for people of all ages and across all settings in the city of Vancouver (since 2018), and for minors (though allowed for "mature minors" between the ages of 16 and 18 if they consent) in Nova Scotia (since 2018).  In March 2019, the federal government initially rejected a petition calling for a nationwide conversion therapy ban,  but announced in July of that year it would move forward with a change to the criminal code to outlaw the procedure across all of Canada, and called on the provinces to take urgent action as well. In March 2020 legislation was proposed that would ban conversion therapy for all minors in the country, as well as anyone who does not consent.

 Chile: In February 2016, the Chilean Ministry of Health expressed their opposition to conversion therapy. The statement said: "We consider that practices known as conversion therapies represent a grave threat to health and well-being, including the life, of the people who are affected." In October 2017, the Chamber of Deputies passed a bill, known as the Proyecto de Ley Sobre Protección de la Salud Mental ("Mental Health Protection Bill"), which states in its article 6 that "a mental health diagnosis can not be made based solely on criteria related to sexual orientation or identity." The bill is currently being discussed in the Senate Health Committee.

 China:  Case-by-case ban: In China, courts have ruled instances of conversion therapy to be illegal on two occasions; however, legal precedents in China are not enforceable in future cases. In December 2014, a Beijing court ruled in favor of a gay man in a case against a conversion therapy clinic. The court ruled that such treatments are illegal and ordered the clinic to apologize and pay monetary compensation.  In June 2016, a man from Henan Province sued a hospital in the city of Zhumadian for forcing him to undergo conversion therapy, and was also awarded a public apology and compensation.  Following these two successful rulings, LGBT groups are now calling on the Chinese Health Ministry to ban conversion therapy. However, as of April 2019, no measure has been taken by the government to ban conversion therapy, and such treatments are still in fact being actively promoted throughout the country.

 Ecuador:  Nationwide ban: In Ecuador, the Government's view is that conversion therapy is proscribed by a 1999 law banning anti-gay discrimination. In addition, Article 151 of the 2014 Penal Code prohibits conversion therapy, equating it to torture, and provides 10 years' imprisonment for those practicing it.  In January 2012, the Ecuadorian Government raided three conversion therapy clinics in Quito, rescued dozens of women who were abused and tortured in an effort to "cure their homosexuality", and promised to shut down every such clinic in the country.

 Fiji:  Nationwide ban: The Mental Health Decree 2010 states that people are not to be considered mentally ill if they refuse or fail to express a particular sexual orientation, and prohibits any conversion therapy in the field of mental health.  The ban only applies to registered health professionals.

 Germany: Nationwide ban: In 2008, the German Government declared itself completely opposed to conversion therapy. In February 2019, German Health Minister Jens Spahn said he will seek to ban conversion therapies that claim to change sexual orientation. The government banned conversion therapy for all minors in December 2019. Adult conversion therapy is only deemed illegal if consent was given due to "lack of will power" such as deceit or coercion. Psychotherapeutic and pastoral care "purposefully trying to influence one's sexual orientation" was also banned. The ban also applies to legal guardians "grossly violating their duty of care".

 India: In February 2014, the Indian Psychiatric Society (IPS) issued a statement, in which it stated that there is no evidence to prove that homosexuality is unnatural: "Based on existing scientific evidence and good practice guidelines from the field of psychiatry, the Indian Psychiatric Society would like to state that there is no evidence to substantiate the belief that homosexuality is a mental illness or a disease."

 Ireland: As of May 2018, the Prohibition of Conversion Therapies Bill 2018 has passed second reading in the Seanad Éireann (Irish Senate). It currently awaits a third reading in that chamber, and passage in the Dáil Éireann.

 Israel: In October 2014, the Ministry of Health issued a statement announcing that it considers conversion therapy to "create false impressions of scientific recognition even though there is no scientific evidence that it is at all successful. It may also cause harm to the individual." In February 2016 and in March 2017, the Knesset rejected bills introduced by former Health Minister Yael German that would have banned conversion therapy in Israel for minors. The bills were rejected 37–45 and 26–38, respectively.

 Lebanon: In 2013, the Lebanese Psychiatric Society stated that conversion therapy seeking to "convert" gays and bisexuals into straights has no scientific backing and asked health professionals to rely only on science when giving opinion and treatment in this matter.

 Malaysia: Legal and state-backed: In February 2017, the Malaysian Government endorsed conversion therapy, claiming homosexuality can be "cured" through extensive training. In June 2017, the Health Ministry began a film competition to find the best way to "cure" and prevent homosexuality. The competition was later cancelled, following massive outrage.

 Malta: Nationwide ban: In December 2016, the Parliament of Malta unanimously approved the Affirmation of Sexual Orientation, Gender Identity and Gender Expression Act, becoming the first country in the European Union to ban conversion therapy.

 Netherlands: Organizations offering conversion therapy in the Netherlands are not eligible for subsidies. In addition, since June 2012, conversion therapies have been blocked from coverage by healthcare insurance.

 New Zealand: In August 2018, Justice Minister Andrew Little announced that a conversion therapy ban could be considered as part of a reform to the Human Rights Act 1993.
 Norway: In 2000, the Norwegian Psychiatric Association overwhelmingly voted for the position statement that "homosexuality is no disorder or illness, and can therefore not be subject to treatment. A 'treatment' with the only aim of changing sexual orientation from homosexual to heterosexual must be regarded as ethical malpractice, and should have no place in the health system".

 Samoa: Nationwide ban: The Mental Health Act 2007 states that people are not to be considered mentally ill if they refuse or fail to express a particular sexual orientation, and prohibits any conversion therapy in the field of mental health. The ban only applies to registered health professionals.

 South Africa: The South African Society of Psychiatrists states that "there is no scientific evidence that reparative or conversion therapy is effective in changing a person's sexual orientation. There is, however, evidence that this type of therapy can be destructive". In February 2015, owners of a conversion therapy camp were found guilty of murder, child abuse and assault with intent to do grievous bodily harm after three teens were found dead at the camp. The teens were beaten with spades and rubber pipes, chained to their beds, not allowed to use the toilet at any time and forced to eat soap and their own feces, all with the aim of "curing" their homosexuality.

 Spain: Banned in five autonomies: Conversion therapy has been banned in the autonomous communities of Murcia (since 2016),  Madrid (since 2017),Valencia (since 2017), Andalusia (since 2018),  and Aragon (since 2019). The specifics vary by jurisdiction. For instance, in Murcia, the ban only applies to registered health professionals, but the Madrid ban applies to everyone including religious groups.  The Spanish Psychological Association states that there is no evidence to support conversion therapy. "On the contrary, there is evidence that conversion therapy leads to anxiety, depression and suicide". In April 2019, following an exposé of conversion therapy in Spain, the Spanish health minister Maria Luisa Carcedo said the Spanish government would consider legislating to stamp out the practice.

  Switzerland: De facto ban: In Switzerland, it is unlawful for a medical professional to carry out conversion therapy. In 2016, the Swiss Federal Council wrote in response to a parliamentary interpellation that in its view, conversion therapies are "ineffective and cause significant suffering to young people subject to them", and would constitute a breach of professional duties on the part of any care professional undertaking them. As such, in the Government's view, any care professional undertaking such therapies is liable to be sanctioned by the cantonal authorities. Whether such therapies also constitute a criminal offense is to be determined by the criminal courts in the individual case, according to the Federal Council.

Taiwan:  Nationwide ban: On 13 May 2016, the Health Bureau of the Taichung City Government announced that medical institutions in Taichung are prohibited from engaging in conversion therapy. According to Shader Liu, a member of Taichung's Gender Equality Committee, any group—medical, civil or religious—that practices the treatment is violating the Taiwanese Physicians Act and Psychologists Act. Regulations banning conversion therapy were expected to bypass Parliament in late January 2017 and take effect in March 2017.  According to the Physicians Act, doctors who engage in prohibited treatments are subject to fines of between NT$100,000 (US$3,095) to NT$500,000 (US$15,850) and may be suspended for one month to one year. However, the proposed regulations were stalled by fierce resistance from anti-LGBT groups. Instead of pushing ahead legal amendments or new regulations, on 22 February 2018, the Ministry of Health and Welfare issued a letter to all local health authorities on the matter, which effectively banned conversion 'therapy'.  In the letter, the Ministry states that sexual orientation conversion is not regarded as a legitimate healthcare practice and that any individual performing the so-called therapy is liable to prosecution under the Criminal Code or the Protection of Children and Youths Welfare and Rights Act, depending on the circumstances.

 United Kingdom: In 2007, the Royal College of Psychiatrists, the main professional organisation of psychiatrists in the UK, issued a report stating that: "Evidence shows that LGB people are open to seeking help for mental health problems. However, they may be misunderstood by therapists who regard their homosexuality as the root cause of any presenting problem such as depression or anxiety. Unfortunately, therapists who behave in this way are likely to cause considerable distress. A small minority of therapists will even go so far as to attempt to change their client's sexual orientation. This can be deeply damaging. Although there are now a number of therapists and organisations in the USA and in the UK that claim that therapy can help homosexuals to become heterosexual, there is no evidence that such change is possible." In 2017, the Church of England announced it considers conversion therapy "fundamentally wrong" and demanded the Government ban it. After reports of a Liverpool church starving individuals for three days as a means to "cure" their homosexuality, Parliament heard calls for a legislative ban. Groups such as Stonewall and Humanists UK have also long called for it to be banned. On 3 July 2018, the UK Government announced it would work towards a total ban on conversion therapy across medical, non-medical, and religious settings. However, by the time of the 2019 General Election, the issue was no longer a priority for the governing Conservative Party.[184] Stonewall notes that "in the UK, all major counselling and psychotherapy bodies, as well as the NHS, have concluded that conversion therapy is dangerous and have condemned it by signing a Memorandum of Understanding". In the self-governing British dependent territory the Isle of Man, an amendment to the Sexual Offences and Obscene Publications Bill that would ban gay conversion therapy has been put forward to the House of Keys.

 United States: Banned in 20 states, 2 territories, and local counties/municipalities: As of March 2020, 20 U.S. states, the District of Columbia, Puerto Rico, and some counties and municipalities in the United States have passed laws banning the practice of conversion therapy on minors. It is also banned in major cities like Miami and Cincinnati.  


(Blue are the regions with a ban)

The states of New Jersey (2013), California (2013), Oregon (2015), Illinois (2016), Vermont (2016), New Mexico (2017), Connecticut (2017), Rhode Island (2017), Nevada (2018), Washington (2018), Hawaii (2018), Delaware (2018), Maryland (2018), New Hampshire (2019), New York (2019), Massachusetts (2019),  Maine (2019), Colorado (2019),[201], Utah (2019), and Virginia (2020) as well as the District of Columbia (2015) and Puerto Rico (2019) ban the use of conversion therapy on minors. Opinion polls have found that conversion therapy bans enjoy popular support among the American population. As of 2019, no nationwide opinion poll has been carried out, though surveys in three states (Florida, New Mexico and Virginia) show support varying between 60% and 75%. According to a 2014 national poll, only 8% of Americans believed conversion therapies to be successful.

 Uruguay:  Nationwide ban: Adopted in 2017, the Ley de Salud Mental ("Mental Health Law") states that in no case a diagnosis can be made in the field of mental health on the exclusive basis of sexual orientation and gender identity.

https://en.wikipedia.org/wiki/Conversion_therapy

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