A/HRC/44/53 64. It follows that means and mechanisms that treat lesbian, gay, bisexual, trans or gender-diverse persons as lesser human beings are degrading by their very definition. The Independent Expert observes that sexual orientation and gender identity are a fundamental part of the personal integrity of such persons and part of the furtherance of their life plans and the pursuit of happiness. All practices of “conversion therapy” however share the premise that sexual orientation and gender identity can be extricated – expelled, cured or rehabilitated – as if they were alien to the person, a most inhuman understanding of human existence. The overwhelming evidence available on the psychological and physical suffering inflicted on victims, as well as its lasting effects, leads the Independent Expert to conclude that perpetrators must act on callous disregard for human suffering. The asymmetrical power relationship between an enlightened converter and a benighted convert further evokes the dehumanization, moral exclusion and delegitimating rationale, which not only is an enabling mechanism of torture, but lies at the base of most gross human rights violations in recorded history. 65. Given the Independent Expert’s conclusions that practices of “conversion therapy” comprise treatment that is degrading, inhuman and cruel in its very essence and on the risks that it creates for the perpetration of torture, he considers that specific claims of perpetration of practices of “conversion therapy” should be promptly investigated and, if relevant, prosecuted and punished, under the parameters established under the international human rights obligations pertaining to the prohibition of torture and cruel, inhuman or degrading treatment or punishment. It follows that, under the conditions established therein, those cases may engage the international responsibility of the State. 4. Right to freedom of conscience and religion and freedom of expression 66. The Independent Expert has received submissions from those that argue that practices of “conversion therapy” may be a tool for the furtherance of human rights of persons who experience same-sex desire but wish to pursue their life plan as heterosexuals or of persons experiencing an existential want to identify as a gender different than that assigned to them, but nonetheless wish to pursue their life under the gender assigned to them. 67. Such submissions often expound on a distinction between coercive and abusive practices and non-coercive and non-abusive practices and submit that prohibiting all practices of “conversion therapy” would contravene the right to self-determination or liberty, the right to freedom of opinion and expression and the right to freedom of belief and religion.124 68. The Independent Expert notes that there is no direct correlation between religion and exclusion of sexual orientation and/or gender identity; throughout his work, he has been encouraged to see that some churches and religious communities adopt an inclusive interpretation of religion and embrace and value diversity and welcome lesbian, gay, bisexual, trans and gender-diverse people – as they are – within their community and that some of those have also condemned practices of “conversion therapy”.125 In a similar vein, the Special Rapporteur on freedom of religion or belief has rejected any claim that religious beliefs can be invoked to justify violence or discrimination against people on the basis of their sexual orientation and gender identity. The Special Rapporteur recommended that States combat all forms of violence and coercion perpetrated against lesbian, gay, bisexual and transgender persons justified with reference to religious practice or belief. 126 69. The Independent Expert is mindful and respectful of existential dilemmas expressed by individuals experiencing conflict between deeply felt emotion and desire and their personal convictions as to what is a desirable norm in relation to sexual orientation and gender identity, and that they may wish to align their behaviour and expression to the 124 125 126 16 See submissions by Family Watch International; the International Federation for Therapeutic and Counselling Choice (Science and Research Council) and Voice of the Voiceless. See ilga.org/Conversion-therapy-global-research-ILGA-World. See A/HRC/43/48.