Could the EU ban 'conversion therapy'?

French policemen patrol as increased security measures are enforced during the annual Gay Pride parade in Paris, France June 24, 2017. REUTERS/Gonzalo Fuentes
explainer

French policemen patrol as increased security measures are enforced during the annual Gay Pride parade in Paris, France June 24, 2017. REUTERS/Gonzalo Fuentes

What’s the context?

Controversial "gay cure" practices are already outlawed in some EU countries but bloc-wide ban faces obstacles.

BRUSSELS - More than a million people have backed a Europe-wide ban on "conversion therapy", boosting European Union efforts to outlaw outdated and discredited practices that aim to change a person's sexuality or gender identity.

The petition’s million+ signatories run counter to a rise in anti-LGBTQ+ sentiment in many parts of the EU, which has been accused of failing to do enough to protect gay rights.

While several EU countries outlaw the practices also known as "reparative therapy" and "gay cure therapy", the 27-nation EU is set to propose a bloc-wide ban as part of its post-2025 LGBTQ+ equality strategy, due later this year.

Here's what you need to know:

What are "conversion therapies" and why are they so controversial?

The outmoded practices include psychotherapy, medication, electroshocks and exorcism.

They have been used on adults and minors alike and are usually carried out by medics, psychologists, clerics or close relatives with the express aim of changing a person's sexual orientation or gender identity

Many are seeped in historic bias, with homosexuality classified as a mental disorder by the World Health Organisation (WHO) until 1990, while transgender identity remained on the WHO's list of mental disorders until 2019.

Most studies show therapy cannot change sexual desire and say "conversion therapies" can induce suicidal thoughts, depression and anxiety.

Where are such practices already banned in the EU?

Eight EU countries - Belgium, Cyprus, France, Germany, Greece, Malta, Spain and Portugal - have already outlawed "conversion practices" though the scope and enforcement of their national laws vary widely.

Malta was the first to enact a ban in 2016 - with a law that applies to "any treatment, practice or sustained effort" to change a person's sexual orientation and gender identity.

In some countries, the laws only protect minors and vulnerable adults.

In France, Belgium and Cyprus "conversion practices" carried out on minors are considered an aggravated offence, with higher penalties in Cyprus. If a parent is involved in any banned treatment in France or Portugal, they can lose parental authority.

When it comes to sentencing, Malta and Germany give a maximum jail term of one year, compared to two years in Belgium and three years in France and Cyprus. Many of these penalties also apply to the advertisement of "conversion therapies".

What is the status of and EU-wide ban?

A petition calling for an EU-wide ban on "conversion therapies" reached the 1 million signature threshold on May 17. Once verified it must be considered by the European Commission, although the EU's main executive body is not obliged to propose a law.

The Commission last year instructed its equality chief Hadja Lahbib to put forward a ban as part of the post-2025 LGBTQ+ equality strategy, though few concrete details have yet emerged.

The EU has limited powers to change members' criminal laws, so may instead use anti-discrimination or consumer laws to advance its agenda, according to LGBTQ+ advocates.

Activists fear any EU ban might just cover sexual orientation, leaving trans and non-binary people open to continued gender-identity therapy.

They also fear some countries would bow to rising social conservatism at home and veto any laws that seek to protect LGBTQ+ rights.

How effective are bans?

Data is thin as most of the bans are still so young. An estimated 5% of Europe's LGBTQ+ community have been offered "conversion therapies" and 2% have undergone such "treatment", but a Dutch study said that reported numbers are just the tip of the iceberg.

Bans are not always effective or easy to enforce, as practices often occur in secret, opponents say.

ILGA-Europe, an umbrella organisation for LGBTQ+ activists in Europe, is calling for a combination of laws and a shift in societal attitudes via enforcement, public awareness and support systems to stop "conversion practices".

(Reporting by Joanna Gill; Editing by Lyndsay Griffiths.)


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