Leading lawyers and human rights experts have called for swift action to ban so-called conversion therapy, which they say is degrading and harmful, and should not be tolerated in a civilized society.
The Forum, chaired by Helena Kennedy QC, says all practices, including prayer, that seek to suppress, “heal” or change sexual orientation or gender identity should be criminalized. There should be no defense that a victim appears to have consented.
“Individuals who seek conversion practices in the hope of being ‘healed’ are unaware of the serious psychological damage to which they are exposed, and therefore cannot give informed consent,” says the Forum’s report, published Friday.
People who “actively sought out and ‘consented’ to these practices … have since provided evidence of serious and long-term negative psychological impact.”
In May, the government announced it would introduce a bill banning “conversion therapy” but said it would hold consultations on the issue first. Since pledging to introduce a ban three years ago, he has come under pressure from some faith-based organizations to exempt prayer on the grounds of religious freedom.
Eighteen senior lawyers, academics, parliamentarians and civil society leaders signed the Forum’s Cooper report, named after human rights lawyer Jonathan Cooper, who died suddenly earlier this month.
It demands a broad definition of conversion practices to avoid loopholes, saying it should cover “any practice that seeks to suppress, ‘cure’ or change a person’s sexual orientation or gender identity”.
The report states: “It is essential that the definition implemented is broad enough to effectively capture all the forms that these practices can take. Legislation should not allow any potential loopholes allowing individuals and institutions to continue to undertake conversion practices for a modified purpose or under a false pretext. “
He also says an exemption for religious practices would undermine the ban. In an article published by the Guardian, Kennedy writes: “The government is undoubtedly under pressure from certain religious institutions to severely limit such a ban on the spurious grounds that it would interfere with religious freedom.
The report recommends legislation criminalizing condemnation prayer that seeks to remove or change a person’s identity, but allows prayer that seeks to help someone come to terms with who they are.
Criminalization is “essential when it comes to dealing with human rights violations, because it draws a clear line as to what acts will and will not be tolerated in a civilized society,” Kennedy writes. The authors should “have no doubt that if they continue their harmful practices, they will be faced with the full force of the law.”
The government should implement the legislation without delay, she adds. “We wonder why further consultation is needed – too many lives have already been affected by this form of abuse and countless more are still at risk.”
According to a government study, 7% of LGBT + people have experienced some form of conversion practice. Activists say it causes psychological damage and can lead people to self-harm or suicide.
In the Queen’s May speech, Boris Johnson’s government said it would legislate to ban “coercive and heinous” conversion practices, but pledged to respect free speech and religious freedom. Some churches and religious leaders say politicians should not be allowed to dictate what people can and cannot pray about.
But David Walker, the Bishop of Manchester, said religious leaders should be prosecuted if they break a ban. Activities leading to prosecution should include a prayer to change someone’s sexual orientation, he told The Guardian in June.
LGBT + rights activists have warned that plans for government consultations before legislation is tabled in parliament will lead to a dangerous delay.
Crispin Blunt, Conservative MP, Chairman of the All-Party Parliamentary Group on LGBT + Rights Around the World and Forum member, said: ‘The continuing delay casts doubt on the good intentions of the government and Global Britain’s leadership on LGBT rights .
“These recommendations can and should be implemented without delay, because while we wait countless lives are being affected, as it implies that the UK thinks it is good to try to ‘fix’ sexuality and anyone’s gender identity… Further government prevarication is no longer tenable. “
Almost two-thirds of UK adults believe conversion practices should be banned, according to a YouGov poll earlier this year. The Royal College of Psychiatrists backs a ban, saying conversion practices are “unacceptable and harmful”.
