Peter Tatchell Foundation submission to Government consultation
London, UK – 7 December 2021
Government consultation questions
Are you providing an individual or personal response or a response on behalf of an organisation?
Organisation
Your organisation
What is the name of your organisation?
Peter Tatchell Foundation
What type of organisation is it? (Please tick the category which most closely reflects your organisation)
Charity/ third sector organisation
Does your organisation work on behalf of any of the following people? (Please tick all that apply)
Children, Young people (16 years or over), LGBT people, People with religious beliefs, Women
Which country does your organisation work in? (Please tick all that apply)
England, Northern Ireland, Scotland, Wales
Approximately how many people work in your organisation?
1 to 10 people
Views on banning conversion therapy
Do you agree or disagree that the Government should intervene to end conversion therapy in principle?
Strongly agree
Why do you think this?
Some of our staff have direct personal knowledge of people who have experienced conversion therapy. Based on these people and the testimonies of others, we conclude it is an unethical, harmful and ineffective practice. It results in higher rates of anxiety, depression and sometimes suicidal thoughts and self-harm. In our experience, people who claim to have been ‘cured’ of same-sex attraction later revert to being LGBT+. Nearly one in 12 LGBT+ people have been victims of conversion therapy or have been offered it, and put under pressure to agree to it. Many of the LGBT+ people we assist with our casework say they have been told by family, friends or religious leaders that their LGBT+ sexuality or gender identity is wrong and that they should change.
Targeting physical conversion therapy
To what extent do you support, or not support, the Government’s proposal for addressing physical acts of conversion therapy?
Strongly support
Why do you think this?
Some of the people we have worked with have experienced violent physical conversion therapy. We believe that such therapy involving physical force, pressure, abuse or violence should be an explicit criminal offence, as it would be if it happened in the street. This would then give judges the power to ‘uplift’ sentences in cases where the perpetrator was using physical means in an attempt to change a person’s sexual orientation or gender identity.
Targeting talking conversion therapy
The Government considers that delivering talking therapy with the intention of changing a person’s sexual orientation or changing them from being transgender or to being transgender either to someone who is under 18, or to someone who is 18 or over and who has not consented or lacks the capacity to do so should be considered a criminal offence. The consultation document describes proposals to introduce new criminal law that will capture this. How far do you agree or disagree with this?
Somewhat agree
How far do you agree or disagree with the penalties being proposed?
Somewhat agree
Do you think that these proposals miss anything?
Yes
If yes, can you tell us what you think we have missed?
A. The definition of conversion therapy includes attempts to change a person’s sexual orientation or gender identity but not attempts to suppress them. Attempting to pressure someone to not express or act on their true sexual orientation or gender identity is also a form of conversion therapy and abuse – and should be banned.
B. At least half of all conversion therapy takes place in religious settings. The legislation must ban counselling, prayers, Bible readings and confessional and healing sessions when these are used as a form of conversion therapy with the intention to change or suppress a person’s sexual orientation or gender identity.
C. Conversion therapy should not be permitted for adults, even if they give their consent. This is because they are never advised of the efficacy or risks of such therapy or given information about other alternatives. Moreover, most of those who may consent are mentally and emotionally vulnerable and under pressure from their peers, family or religious authorities to change. Therefore, acting under pressure, their consent cannot be said to be fully informed and freely given. It is under duress.
D. Conversion therapy is a form of inhuman, degrading treatment, which is in violation of Article 3 of the European Convention on Human Rights. The protections of Article 3 are absolute, and cannot be voided by freedom of expression and freedom of religion to excuse or permit conversion therapy.
E. It needs to be made explicit that the provision of gender transition counselling and treatment to affirm a person’s true gender identity is not a form a conversion therapy, is not covered by the proposed legislation and will not be criminalised.
F. Does the proposed ban cover asexual, intersex and non-binary persons? It should. The law needs to state explicitly that it covers all LGBTQIA+ people.
Restricting the promotion of conversion therapy
The Government considers that Ofcom’s Broadcasting Code already provides measures against the broadcast and promotion of conversion therapy. How far do you agree or disagree with this?
Somewhat disagree
Why do you think this?
The OfCom code is not explicit and strong enough re the broadcast and promotion of conversion therapy
Do you know of any examples of broadcasting that you consider to be endorsing or promoting conversion therapy?
No
The Government considers that the existing codes set out by the Advertising Standards Authority and the Committee of Advertising Practice already prohibits the advertisement of conversion therapy. How far do you agree or disagree with this?
Somewhat disagree
Do you know of any examples of advertisements that you consider to be endorsing or promoting conversion therapy?
Yes
If yes, can you tell us what these examples are?
There were attempts to promote conversion therapy on London buses in 2012
Protecting people from conversion therapy overseas
The consultation document describes proposals to introduce conversion therapy protection orders to tackle a gap in provision for victims of the practice. To what extent do you agree or disagree that there is a gap in the provision for victims of conversion therapy?
Strongly agree
To what extent do you agree or disagree with our proposals for addressing this gap we have identified?
Strongly agree
Why do you think this?
We have some evidence of LGBT+ young people being taken abroad in the guise of a holiday or family reunion and subjected to conversion therapy there. It should be an offence to encourage, assist, enable or aid and abet a person to go abroad for conversion therapy, similar to the legislation against female genital mutilation and forced marriages abroad. Such therapy should also be blocked and / or criminalised when offered via Zoom, Skype and other online platforms from outside the UK. .
Ensuring charities do not support conversion therapy
Charity trustees are the people who are responsible for governing a charity and directing how it is managed and run. The consultation document describes proposals whereby anyone found guilty of carrying out conversion therapy will have the case against them for being disqualified from serving as a trustee at any charity strengthened. To what extent do you agree or disagree with this approach?
Strongly agree
Why do you think this?
Given the demonstrable harm and ineffectivenes
s of conversion therapy, it is not a charitable purpose or a public benefit, within the meaning of charity law, to conduct, promote, assist or condone such practices. These charities should lose their charitable status and conversion therapy practitioners should be disqualified from serving as a charity trustee or holding a charity leadership position.
Recognition by authorities of conversion therapy as a problem
To what extent do you agree or disagree that the following organisations are providing adequate action against people who might already be carrying out conversion therapy?
Services action against people carrying out CT – Police: Strongly disagree
Services action against people carrying out CT – Crown Prosecution Service: Strongly disagree
Services action against people carrying out CT – OTHER statutory service: Strongly disagree
Why do you think this?
These public services rarely recognise when a person is being subjected to conversion therapy and even more rarely act to stop it. They too often treat such therapies as a ‘private’ matter and defer to family and religious wishes, rather than what is best for the victim. Limited action is taken against perpetrators and to protect victims and help them escape from abusive situations.
To what extent do you agree or disagree that the following organisations are providing adequate support for victims of conversion therapy?
Services support for victims of CT – Police: Strongly disagree
Services support for victims of CT – Crown Prosecution Service: Strongly disagree
Services support for victims of CT – OTHER statutory service: Strongly disagree
Why do you think this?
For most of these organisations, conversion therapy and the protection of its victims isn’t even on their radar. They don’t recognise or understand it. Nor do they know what to do about it. They do too little to protect victims of conversion therapy and help them escape from abusive situations.
Do you think that these services can do more to support victims of conversion therapy?
Yes
If yes, what more do you think they could do?
A. There needs to be statutory guidance on the responsibility of these organisations to monitor, record and act against conversion therapy and support the victims. The current lack of guidance leaves responses down to the personal view of each professional – often poorly informed, lacking understanding and empathy and without the knowledge of the appropriate advice and action required to help the victims.
B. Conversion therapy awareness training should be provided to people working in the relevant professional agencies.
C. Refuges are needed for people fleeing conversion therapy, so they don’t end up homeless on the streets, and where they can get expert advice and support.
Economic appraisal
Do you have any evidence on the economic or financial costs or benefits of any of the proposals set out in the consultation?
No
Equalities impacts appraisal
There is a duty on public authorities to consider or think about how their policies or decisions affect people who are protected under the Equality Act 2010. Do you have any evidence of the equalities impacts of any proposals set out in the consultation?
Yes
If yes, can you provide us with details of this evidence, including where possible, any references to publications?
We don’t have references for any professional studies but in our anecdotal experience conversion therapy disproportionately affects black and other minority ethnic LGBTQIA+ people and those in deeply religious families and communities. This makes it an equalities issue.
Confidentiality
Would you like your response to be treated as confidential?
No