Consultation on measures to protect people from harm.
Views are being sought on planned legislation to end conversion
practices which seek to change or suppress a person’s sexual
orientation or gender identity.
The consultation presents detailed information on proposals for
legislation in Scotland, setting out what the law would cover and
how it would work in practice.
The proposed legislation seeks to prevent and respond to harmful
acts while protecting existing freedoms including speech,
religion and belief.
Situations that could be covered by the proposed legislation, if
carried out with the intention to change or suppress a person’s
sexual orientation or gender identity and which cause that person
harm, include:
- therapy or counselling that requires a person to change or
suppress on their same sex attraction
- prescribing medication to suppress a person’s sex drive
- repeatedly or continuously controlling a person’s activities
and appearance
- repeatedly or continuously threatening or humiliating someone
Equalities Minister said:
“Conversion practices, which aim to change or suppress a person’s
sexual orientation or gender identity, are damaging and
destructive acts that violate people’s human rights. Sadly, these
practices still happen today and they have absolutely no place in
Scotland.
“In taking forward our commitment to ban conversion practices we
are leading the way in the UK and joining the growing list of
countries acting to address this harm.
“The consultation responses we receive will help us to further
consider those measures we can take to stop the harm of
conversion practices and protect those at risk while ensuring
that freedoms – including freedoms of speech, religion, and
belief – are safeguarded.”
Chief Executive at LGBT Health and Wellbeing Mark Kelvin said:
“Conversion practices are widely discredited and extremely
harmful and have no place in any inclusive society. Whilst we’d
like to think that they’re a thing of the past, or not happening
in Scotland, we know that some LGBTQ+ people in Scotland are
still being subjected to these abhorrent practices and we welcome
the Scottish Government’s leadership and action on this issue.
“Our freephone helpline is staffed by a trained team who
specialise in LGBTQ+ mental health and wellbeing. Callers can
expect compassionate and non-judgmental support, resources to
help navigate their experiences, and referrals to other support
if needed.”
Background
The consultation runs until 2
April 2024. Support is available through the conversion practices
helpline.
The consultation follows recommendations made by an
expert group representing LGBTQI+ people and organisations,
faith and belief communities, people with lived experience of
conversion practices and experts in law and human rights. It is
also aligned with findings of a 2022 report from the Scottish Parliament’s
Equalities, Human Rights and Civil Justice Committee.
The proposed legislation is aimed at a particular form of harmful
behaviour that seeks to change or suppress who a person is, using
coercive and repeated behaviour or providing a service that is
purported to be able to change them. In order for any act to be
considered a conversion practice in the proposed legislation,
there must be an intention to change or suppress another
individual’s sexual orientation or gender identity and there must
be harm caused.
Situations not considered conversion practices by the proposed
legislation include:
- providing advice, guidance or support for an individual to
explore their thoughts or feelings in a way that does not direct
that person towards any particular, pre-determined sexual
orientation or gender identity. This includes guidance by a
healthcare practitioner, family member or religious leader
- provision of medical or psychological care that is conducted
ethically by a healthcare professional
- parental guidance or questioning about a child’s decisions or
welfare that is not harmful, coercive and motivated by an
intention to change or suppress their sexual orientation or
gender identity
- general statements of belief or opinion that are not directed
at an individual to change or suppress their sexual orientation
or gender identity
In 2020 the United Nations Independent Expert on Sexual
Orientation and Gender Identity called for a global ban on
conversion therapy. Across the world a number of national and
sub-national governments have already taken steps to eradicate
these harmful practices, including in New Zealand, Canada,
Germany, Norway and the Australian state of Victoria.
