A/HRC/44/53
latter.127 Self-determination creates the space for individuals to decide on the manner in
which they wish to identify; as the Independent Expert has constantly stated, the principles
of freedom and autonomy directly contradict the idea that a person is born to play a certain
role in society.128
70.
In processes of self-determination and addressing the existential dilemmas that may
be connected to those processes, individuals may choose to avail themselves of mechanisms
of support and counselling, some of which may be based on psychological, medical or
religious approaches related to the exploration, free development and/or affirmation of
one’s identity. As established in the present report, however, based on the overwhelming
evidence available, none of those approaches can claim “conversion” as an outcome, just as
none can claim that diverse sexual orientation or gender identity is an illness or disorder
requiring therapy.
5.
Rights of the child
71.
Children and young people are particularly vulnerable to practices of “conversion
therapy”, which are extremely harmful to their well-being and development, and the
Committee on the Rights of the Child has urged States to eliminate such practices. 129 While
the decision to subject children to those practices may be taken by some parents due to the
belief that it serves the child’s best interests,130 research has shown that parents tend to be
motivated by religious beliefs that consider sexual and gender diversity to be “immoral”
and incompatible with their religious tenets, 131 but are ill-informed about the nature of
sexual and gender diversity, the invalidity and ineffectiveness of those practices and the
significant and possibly life-long injury that they will cause their children. In the light of
those realities, subjecting children to practices of “conversion therapy” constitutes illtreatment and may constitute torture, as well as contravene domestic and international laws
against child abuse and neglect.
72.
The Independent Expert recalls States’ obligations to protect children from violence,
harmful practices and cruel, inhuman or degrading treatment and torture, to respect the right
of the child to identity, physical and psychological integrity, health and freedom of
expression and to uphold the core principle of the best interests of the child at all times.
Moreover, the Committee on the Rights of the Child has clarified that the right of the child
to identity, which includes sexual orientation and gender identity, must be respected and
taken into consideration when assessing the child’s best interests. According to the
Committee, assessment of the child’s best interests must also include consideration of the
child’s safety, that is, the right to protection against all forms of physical or mental
violence, injury or abuse. 132
73.
The Independent Expert therefore concludes that the imposition of practices of
“conversion therapy” on children runs counter to States’ obligation to protect them from
violence, harmful practices and cruel, inhuman or degrading treatment, to respect the right
of the child to identity, physical and psychological integrity, health and freedom of
expression and to uphold the core principle of taking the best interests of the child as a
primary consideration at all times.133
74.
The Independent Expert is therefore persuaded that it is contrary to international
human rights law to subject children to practices of “conversion therapy”, such as those
described above, and urges States to take urgent measures to ban them.
127
128
129
130
131
132
133
Submission by Voice of the Voiceless.
A/73/152, para. 21.
Committee on the Rights of the Child, general comment No. 20, para. 34.
See ilga.org/Conversion-therapy-global-research-ILGA-World.
Ibid.
Committee on the Rights of the Child, general comment general comment No. 13 (2011) on the right
of the child to freedom from all forms of violence, para. 21; and general comment No. 14 (2013) on
the right of the child to have his or her best interests taken as a primary consideration, paras. 55 and
73.
Convention on the Rights of the Child, articles 3 (1), 8, 19, 24 and 37.
17
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