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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