The European Parliament’s Committee on Civil Liberties (LIBE) examined, on Tuesday 18 July, a study on “therapies” or conversion practices. Led by Uladzislau Belavusau, Senior Researcher in European Law at the T.M.C. Asser Institute, it is looking into ways of banning them throughout the EU.
Conversion therapies
Conversion practices are “interventions aimed at changing, repressing or suppressing the sexual orientation, gender identity and/or gender expression of LGBT+ persons”. These interventions can be psychotherapeutic, medical or faith-based. Condemned by the United Nations and the Council of Europe as contrary to human rights, they can have serious consequences for the health of the victims.
“These practices are particularly harmful for LGBTIQ minors, who require special protection due to their vulnerability and dependence status”, added the researcher.
No European framework
However, in the EU, only France, Germany, Greece, Malta, Spain and Cyprus have legislation criminalising these “therapies”, although draft legislation is under consideration in a number of Member States, including Portugal and Belgium. “The perspective of [Member] States diverge largely in terms of fines, aggravating circumstances, the model they adopt prohibiting only for minors or adults... However, the tendency is towards a criminal ban”, explained the researcher.
His study explores ways of taking action at European level, from including these practices in the list of ‘euro-crimes’ to updating the draft directive on equal treatment (see EUROPE 13200/28). These are complex avenues, the researcher conceded, since they require unanimity in the EU Council.
In his view, a first step towards a European framework would be a recommendation from the European Commission to the Member States, coupled with a resolution from the European Parliament. He also says that focusing on certain aspects, such as banning conversion practices aimed at minors, would make it easier to reach a consensus.
To see the study: https://aeur.eu/f/85g (Original version in French by Hélène Seynaeve)