Europe wants to end the "cure" of homosexuality. Practices labelled as torture by the UN to finally disappear
In recent weeks, the European Parliament has once again openly addressed a topic that has long resonated among human rights organisations and the professional community: the ban on so-called conversion practices. The impetus for the debate was a successful European citizens' initiative supported by more than 1.1 million people across the EU.
While part of the political spectrum sees the ban as a necessary step to protect human rights and mental health, others point to possible impacts on religious freedom or family life. The European Commission now has several months to present its position.
Practices that international institutions have described as torture
Conversion practices are based on the idea that different sexual orientation or gender identity constitutes an aberration that can be "corrected". However, this approach is in direct contradiction to modern scientific consensus. The World Health Organization stopped considering homosexuality as a disease in 1990, and as of 2019 does not include transsexuality among mental disorders.
The actual form of these practices varies considerably. In some cases, it involves psychological coercion or manipulation, while other times it involves methods that may include physical violence, electric shocks or sexual abuse. It is precisely because of these aspects that the UN and the Council of Europe refer to them as a form of torture.
The effects on victims can be long-lasting. Experts repeatedly warn of an increased risk of depression, anxiety or suicidal behaviour.
Europe is not united
Currently, there are explicit prohibitions on conversion practices in only eight EU Member States. Moreover, legislation varies not only in the scope but also in the severity of sanctions. In Germany or Malta, for example, perpetrators face a maximum of one year in prison, while in Portugal they can face up to five years.
Most countries protect children and other vulnerable groups in particular. For adults, the situation is more complex - if they give their consent, they can continue to undergo these practices in some countries.
The Czech Republic does not have an explicit ban. While the most serious cases can be prosecuted under general criminal law, the very concept of conversion practices is not known in the legislation.
What the organisers of the initiative demand
The authors of the citizens' initiative seek a blanket ban on conversion practices across the European Union, regardless of the consent of the person concerned. They propose that they should be classified as criminal offences and punished uniformly in all Member States.
The proposal also includes a revision of the Directive on the rights of victims of crime. The aim is to ensure minimum standards of support and protection for people who have undergone these practices.
The initiative has met all the conditions for consideration - in addition to the necessary number of signatures, it has exceeded the minimum threshold in eleven Member States. A public hearing in the European Parliament has already taken place.
Support and concerns across the political spectrum
MEPs from the People's Party, Socialists, Liberals and Greens in particular support the ban on conversion practices. They argue primarily for the protection of human dignity and health. Czech MEP Danuše Nerudová said during the debate that these practices have serious effects on the psyche of young people and should be clearly banned.
On the other hand, some conservative, populist and far-right politicians have warned of the possible side-effects. According to them, an overly broadly worded ban could interfere with family relationships or religious beliefs. Concerns have been raised about whether parents or clerics, for example, could face sanctions for their views or advice.
The decision is up to the European Commission
The European Commission now faces a decision on how to respond to the initiative. It has until 17 May to present its official position. It can propose specific legislative changes, or choose a different course of action, or reject the proposal, saying it considers the existing instruments sufficient.
However, past experience shows that the success of a citizens' initiative does not automatically mean a change in legislation. Most such proposals have so far not led to a direct amendment of European law.
The debate on conversion practices thus remains open. Above all, it shows the different views on the boundaries between the protection of human rights and the preservation of individual freedoms - a theme that is likely to resonate through European politics in the months ahead.
