A/HRC/44/53
or psychiatric patients or requiring that they be “cured” by so-called “treatment”, were a
clear violation of their right to sexual and reproductive health. 114
61.
The Special Rapporteur on the right of everyone to the enjoyment of the highest
attainable standard of physical and mental health and the Independent Expert expressed
grave concerns that stigma and prejudice, criminalization of sexual orientation and gender
identity, negation and the remnants of pathologization have a negative impact on national
health policies and practices.115 Similarly, the Committee on the Rights of Persons with
Disabilities expressed concerns about discrimination against persons perceived to have a
disability in the Islamic Republic of Iran, including on the grounds of sexual orientation and
gender identity, who were forced to undergo medical treatment.116 In 2018, in its
concluding observations on the initial report of Poland, the Committee expressed concerns
about the integrity of lesbian, gay, bisexual, trans or gender-diverse persons who were
reportedly subjected to practices of “conversion therapy”.117 As noted above, the
psychological pain and suffering inflicted by practices of “conversion therapy” are deep
and long-lasting and often exacerbate the risk of suicide.118
3.
Prohibition of torture and ill-treatment
62.
United Nations entities and human rights mechanisms have expressed concern about
practices of “conversion therapy”,119 and the United Nations anti-torture machinery has
concluded that they can amount to torture, cruel, inhuman or degrading treatment.120 The
Committee against Torture and the Special Rapporteur on torture and other cruel, inhuman
or degrading treatment or punishment have issued explicit reproaches against the treatments
that are forced, involuntary or otherwise coercive or abusive,121 and the Committee on the
Rights of the Child has connected those practices with violations of the rights of all
adolescents to freedom of expression and respect for their physical and psychological
integrity, gender identity and emerging autonomy.122 In 2020, the Independent Forensic
Expert Group concluded that “conversion therapy constitutes cruel, inhuman, or degrading
treatment when it is conducted forcibly or without an individual’s consent and may amount
to torture depending on the circumstances, namely the severity of physical and mental pain
and suffering inflicted”.123
63.
The Independent Expert observes that all practices of “conversion therapy” take as a
point of departure the belief that sexually diverse or gender-diverse persons are somehow
inferior – morally, spiritually or physically – than their heterosexual and cisgender siblings
and must modify their orientation or identity to remedy that inferiority. The opposite view,
supported by international human rights law, is that lesbian, gay, bisexual, trans and
gender-diverse persons are equal to others, that their sexual orientation and gender identity
are a natural part of their development, without any detrimental qualification to their moral
stature, their mental or physical health or their ability to seek and achieve fulfilment
through spirituality. That recognition is fundamental to giving content to the principle of
dignity, according to which there is an innate and equal value of all human beings.
114
115
116
117
118
119
120
121
122
123
Committee on Economic, Social and Cultural Rights, general comment No. 22 (2016) on the right to
sexual and reproductive health, para. 23.
See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25128&LangID=E#_ftn13.
CRPD/C/IRN/CO/1, para. 12 (b).
CRPD/C/POL/CO/1, para. 30.
A/74/148, para. 48; and A/HRC/38/43, para. 47.
CRC/C/RUS/CO/4-5, para. 55; CCPR/C/ECU/CO/6, para. 12; CEDAW/C/ECU/CO/8-9; and
Committee on Economic, Social and Cultural Rights, general comment No. 22.
CAT/C/CHN/CO/5, para. 55; CAT/C/ECU/CO/7, para 49; CAT/C/57/4, para. 69;
CCPR/C/UKR/CO/7, para. 10; CCPR/C/NAM/CO/2, para. 9; A/74/148, para. 50; A/56/156, para. 24;
A/HRC/43/49, para. 37; and A/HRC/22/53, paras. 76 and 88. See also A/HRC/19/41 and
A/HRC/29/23.
A/74/148, para. 50; A/56/156, para. 24; A/HRC/43/49; and CAT/C/CHN/CO/5, para. 56.
See Committee on the Rights of the Child, general comment No. 20 (2016) on the implementation of
the rights of the child during adolescence.
See www.sciencedirect.com/science/article/pii/S1752928X20300366.
15
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