A/HRC/44/53
average monthly cost of internment is estimated at $500.00.41 In the Republic of Korea, the
cost ranges from less than 30,000 won ($25.88) to more than 30,000,000 won
($25,875.68).42 Marketing mechanisms operate to support the business model.43 The
economic dimension is even present in arrangements in which there is no clear fee or
monetary compensation, as with informal arrangements between family members and
religious leaders that offer some kind of contribution to the group, church or institution
without a direct or explicit link to the “conversion therapy” provided.
32.
Some States actively perpetrate or promote abuse through practices of “conversion
therapy”. Dominica still contemplates psychiatric treatment as the penalty established by
law for consensual same-sex sexual acts.44 Elsewhere, State officials, including judges or
police officers, may order “conversion therapy”, even in the absence of explicit legal
provisions,45 as was allegedly the case in 2019 of the gay and lesbian prison inmates who
were forced into such treatment by the Office of the Head of the Ministry of Law and
Human Rights in West Java province, Indonesia.46
33.
Other States are implementing measures through public policy. Malaysia has
adopted several programmes and plans to curb behaviours perceived as immoral, including
same-sex behaviour, and specifically promotes practices of “conversion therapy”, 47
including through university programmes, and reports indicate that it supports other
practices, including exorcism.48 In February 2018, homosexuality was officially classified
as a mental disorder in Indonesia, 49 and, according to information received by the
Independent Expert, several officials in West Java province called for policies that would
target lesbian, gay, bisexual, trans and gender-diverse people for arrest and so-called
“rehabilitation”, a policy that motivated an expression of concern from the Independent
Expert and other mandate holders.50 That follows a pattern of increasingly discriminatory
and pathologizing policies:51 in 2016, several religious councils released a joint statement
that lesbian, gay, bisexual, trans and gender-diverse people could be helped to “get back on
track to normalcy” and to eradicate so-called “deviant sexual tendencies”.52
34.
In addition, the Independent Expert notes that the criminalization of diversity in
sexual orientation and gender identity encourages practices of “conversion therapy”.
C. Persons subjected to practices of “conversion therapy”
35.
Research has often focused on practices of “conversion therapy” in relation to sexual
orientation, rather than gender identity, and, within the former, on the impact on gay men:
of 55 studies reviewed by the American Psychological Association in 2009, 43 were
41
42
43
44
45
46
47
48
49
50
51
52
8
Submission by Pedro Felipe Rivadeneira Orellana.
Submission by SungWon Yoon-Lee and Eunhui Yoon.
See https://doi.org/10.1176/appi.pn.2019.9b9.
Dominica, Sexual Offences Act (1998), section 16.
See irct.org/media-and-resources/latest-news/article/1027.
See www.prison-insider.com/en/articles/indonesie-prison-officials-believe-inmates-are-turning-gayafter-sleeping-next-to-the-same-ex.
National strategic plan to end AIDS, 2016–2030, and the action plan to address social ills of LGBT
behaviour. See also www.hrw.org/news/2017/06/07/malaysia-health-ministry-propagates-harmfulanti-lgbt-myths.
Traditional and complementary medicine blueprint, 2018–2027; Asia Pacific Transgender Network
presentation at expert meeting. See also www.abc.net.au/news/2018-12-06/indonesia-lgbtqiconversion-therapy/10576900.
In 2016, the Indonesian Psychiatrists Association classified homosexuality, bisexuality and
transsexualism as mental disorders that “can be cured through proper treatment”; see
www.thejakartapost.com/news/2016/02/24/indonesian-psychiatrists-label-lgbt-mental-disorders.html.
See https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublic
CommunicationFile?gId=24329.
Asia Pacific Transgender Network presentation at expert meeting.
See www.thejakartapost.com/news/2016/02/18/must-not-support-lgbt-heal-them-religiousleaders.html.
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