A/HRC/44/53
commitment to prohibit their promotion or practice by health professionals in its national
strategy on lesbian, gay, bisexual, trans and intersex young people.176
D.
National human rights institutions and equality bodies
82.
National human rights institutions can contribute to preventing violence and
discrimination based on sexual orientation and gender identity. The Ombudsperson of Peru
stated that practices of “conversion therapy” constituted an unjustified and unethical
practice and must be denounced and sanctioned 177 and, in Ecuador, the Office of the
Ombudsman has developed a framework providing lines of action and coordination in case
of alleged human rights violations related to those practices, including complaints,
comprehensive protection and social care, investigation and sanctions and reparations.178
VII. Conclusions and recommendations
83.
Practices of “conversion therapy”, based on the incorrect and harmful notion
that sexual and gender diversity are disorders to be corrected, are discriminatory in
nature. Furthermore, actions to subject lesbian, gay, bisexual, trans or gender-diverse
persons to practices of “conversion therapy” are by their very nature degrading,
inhuman and cruel and create a significant risk of torture. States must examine
specific cases in the light of the international, regional and local framework on torture
and cruel, inhuman or degrading treatment and/or punishment.
84.
Perpetrators of abuse through practices of “conversion therapy” include
private and public mental health-care providers, faith-based organizations, traditional
healers and State agents; promoters additionally include family and community
members, political authorities and other agents.
85.
Under the conditions established by international human rights law and the
international framework on torture and cruel, inhuman and degrading treatment or
punishment, practices of “conversion therapy” may engage the international
responsibility of the State.
86.
Practices of “conversion therapy” provoke profound psychological and physical
damage in lesbian, gay, bisexual, trans or gender-diverse persons of all ages, in all
regions of the world.
87.
In view of the foregoing, the Independent Expert recommends that States:
(a)
Ban the practices of “conversion therapy” as described in the present
report, including by:
(i)
Clearly establishing, through appropriate legal or administrative means,
a definition of prohibited practices of “conversion therapy”, and ensuring that
public funds are not used, directly or indirectly, to support them;
(ii)
Banning practices of “conversion therapy” from being advertised and
carried out in health-care, religious, education, community, commercial or any
other settings, public or private;
(iii) Establishing a system of sanctions for non-compliance with the ban on
practices of “conversion therapy”, commensurate with their gravity, including
in particular, that claims should be promptly investigated and, if relevant,
prosecuted and punished, under the parameters established under the
international human rights obligations pertaining to the prohibition of torture
and cruel, inhuman or degrading treatment or punishment;
176
177
178
Submission by Ireland.
Submission by PROMSEX.
Submission by Ecuador.
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