The Parliamentary Assembly of the Council of Europe has voted by 71 votes to 26 (with 2 abstentions) to call on European countries to adopt legislation to prohibit conversion practices. It has stated that states should "provide criminal sanctions … based on a clear and comprehensive definition of the proscribed practices". It has also highlighted that monitoring and reporting mechanisms should be established.
It stressed that the experience of pioneering countries in this area, such as Malta, could provide valuable insight to guide legislative reforms.
The body, which is made up of legislators from 46 countries across the continent, took this decision as part of its plenary session in Strasbourg.
What are conversion practices?
The approved resolution states that these practices - also referred to as conversion therapies or reparative therapies - aim to "change, repress or suppress or eliminate a person's sexual orientation, gender identity or gender expression" based on the false belief that such personal characteristics are "pathological or undesirable". The report on which the resolution was based was prepared by Kate Osborne (United Kingdom, SOC).
Concerned that conversion practices persist across member states - often covertly - and considering that they have no scientific basis and have harmful consequences on the individuals subjected to them, the Parliamentary Assembly believes that "action to prevent and counter the harm caused … is urgently needed". This is both a public-health imperative and a matter of respect for human rights and fundamental freedoms, the parliamentarians said, reaffirming the importance of personal autonomy, as protected under Article 8 of the European Convention on Human Rights.
Diversity is not a defect
The resolution also proposes a set of measures concerning victim support and protection, and with regard to training and public awareness. It also recommends strengthening cooperation with civil-society organisations - particularly those active in protecting the rights of LGBTI persons - professional organisations and religious institutions; evaluating the legislation implemented; and encouraging research and data collection on the prevalence and impact of conversion practices.
"These practices are grounded in a lie, the lie that diversity is a defect. They are sustained by stigma, and they persist only because institutions and States have allowed them to persist," said Helena Dalli, former European Commissioner for Equality and former Minister for European Affairs and Equality of Malta, in her statement during the debate.
Ms Dalli recounted the process by which Malta became the first country in Europe to outlaw conversion practices in 2016: "Our legislation was clear, proportionate and principled. It did not criminalise belief. It did not interfere with legitimate therapeutic support. What it did was establish a non-negotiable boundary: no one has the right to deny another person's identity."
"Either Europe affirms, unequivocally, that diversity in sexual orientation and gender identity is part of the human condition, or it tolerates practices that treat it as a pathology. … No state should claim fidelity to human rights while allowing these practices to continue," Ms Dalli concluded.
Parliamentary Assembly of the Council of Europe
Impact of the European Convention on Human Rights
