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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