Photo: Lorin Granger- Harvard Law Today
In his report presented to the Human Rights Council’s 44th session, the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity (SOGI), Victor Madrigal-Borloz, explored global practices of so-called ‘conversion therapy’, their human rights implications, impact on victims, connection with violence and discrimination, and measures to prevent the practice.
The report explains ‘Conversion therapy’ as an umbrella term to describe wide-ranging interventions to effect change from non-heterosexual to heterosexual, and from trans or gender diverse to cisgender; premised on the belief that SOGI “can and should be changed or suppressed when they do not fall under what others in a given setting and time perceive as the desirable norm.” The Independent Expert concludes that ‘Conversion therapy’ inflicts severe pain and suffering, results in long-lasting psychological and physical damage and constitutes an egregious violation of rights to dignity and non-discrimination, bodily autonomy, health, to freedom of conscience and religion, to free expression and may also amount to a breach to the prohibition of torture and ill-treatment.
The report reported conversion therapy practices in all regions of the world, by both State and non-State agents including mental health-care providers and faith-based organizations. The Independent Expert calls for a global ban on practices of “conversion therapy”, that must include clearly defining prohibited practices, creating mechanisms to provide access to reparation for victims, taking urgent measures to protect children, and fostering dialogue with key stakeholders including medical and health professionals, faith-based organizations, educational institutions and community-based organizations.
The Independent Expert notes that existing academic literature on conversion therapy disproportionately represents lived experiences from the global North. This observation is consistent with the overall gap in data available that captures the lived realities of LGBT people. “Research and data collection is crucial to create visibility, build an evidence base on rights violations, disprove stereotypes feeding stigma and discrimination, and aid in policy formulation” said ISHR’s Tess McEvoy. In this regard, we welcome ILGA’s global report on conversion therapy -informed by activists, survivors and grassroots organisations- reporting how States and health professionals are speaking up against these practices globally. “The fact that compared to States, nearly three times as many civil society organisations contributed to the Independent Expert’s report, highlights the integral role played by defenders and civil society in informing the UN on lived realities on the ground,” McEvoy added.
During the 89th ordinary session of the African Commission on Human and Peoples Rights (‘the African Commission’), ISHR shared concerns about the situation of human rights defenders in Cameroon, Zambia and Guinea, especially in regards to the restrictive legal framework they work in and drew their attention to the state of civic space in Africa.
The Human Rights Council has renewed the mandate of the Special Rapporteur on Afghanistan for another year, maintaining dedicated scrutiny of the rights of women and girls. ISHR welcomes the renewal and calls on States to make sure the new Independent Investigative Mechanism for Afghanistan is up and running without delay.
The public session of the 89th session of the African Commission on Human and Peoples' Rights (ACHPR) will be held in Dakar, Senegal, from 12 to 21 October. The public session will be preceded by a training session organised jointly by ISHR, Front Line Defenders and Defend Defenders on 6, 7 and 11 October, and the NGO Forum, organised by ACDHRS from 8 to 10 October.
