A/HRC/44/53
defendants to pay compensation and issue an apology.162 However, because the courts did
not rule on the general legality of those practices, medical facilities, including one of the
defendants, reportedly still promote them. 163
C.
Public policy
80.
Examples of policies being adopted are the following:
(a)
Enforcement agencies. The Inter-American Commission on Human Rights
recommended that OAS member States adequately monitor the activity of professionals
who offer practices of “conversion therapy”.164 In Hawaii, United States, a sexual
orientation counselling task force was established to address the concerns of minors seeking
counselling on sexual orientation, gender identity, gender expression and related
behaviours;165
(b)
Complaint system. In Victoria, Australia, the Government established a
Health Complaints Commissioner with a mandate in respect of “health services”, broadly
defined to allow a complaint to be made in relation to practices of “conversion”;166
(c)
Health insurance coverage. In the Netherlands, since 2012, costs connected
to practices of “conversion” are not reimbursed by the national health insurance; 167
(d)
Public funding. In certain states in Maryland, New York and North Carolina,
United States, state funds cannot be used to conduct practices of “conversion”.168 In Puerto
Rico, the offer, either direct or indirect, of “conversion therapy” practices prevents the
granting of economic incentives for activities, services and investments in the scientific,
hospital or medical field;169 in the Netherlands, financial support to an organization
involved in subjecting lesbian, gay, bisexual, trans or gender-diverse persons to those
practices was ended;170
(e)
Public facilities bans. In New York, local laws regulating mental health
services were amended in 2016 to prohibit such practices in public facilities;171
(f)
Gathering data. In 2017, the United Kingdom Government Equalities Office
conducted a national survey on the basis of which the Government established the national
action plan on lesbian, gay, bisexual, trans and gender-diverse persons, in which it sets out
the intention to fully consider all legislative and non-legislative options to prohibit
promoting, offering or conducting such practices;172
(g)
Education. New Zealand has expressed the view that creating awareness on
the ineffectiveness of the practice and where victims can seek help if harm has been caused
would be more beneficial than a legislative ban. 173
81.
Although no regulations are in place yet, official messages condemning practices of
“conversion therapy” can set the tone that states will not tolerate those practices. At the
regional level, the European Parliament welcomed initiatives prohibiting them, 174 the Prime
Minister of Luxembourg publicly denounced them 175 and, in 2018, Ireland included a
162
163
164
165
166
167
168
169
170
171
172
173
174
175
20
Submission by Darius Longarino.
Submission by Berfu Yalcin.
Inter-American Commission on Human Rights, “Advances and challenges towards the recognition of
the rights of LGBTI persons in the Americas”, 2018, recommendation (8) (a).
Senate Bill 270, A bill for an act relating to minors (2018), section 2.
Submission by Equality Australia.
Submission by Choice for Youth and Sexuality.
Submission by the Trevor Project.
See ilga.org/Conversion-therapy-global-research-ILGA-World.
Submission by the Netherlands.
New York Compiled Codes Rules and Regulations, Title 14, Chapter XIII, Section 527.8.
Submission by the Equality and Human Rights Commission.
Submission by New Zealand.
See www.europarl.europa.eu/doceo/document/TA-8-2018-0056_EN.html.
Submission by Commission consultative des droits de l’homme.
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