Ending conversion practices in Scotland: consultation summary

Part 11: Consideration of Convention Rights

64. Conversion practices are usually undertaken within an ideology that views LGBTQI+ identities as wrong and believes that they can be changed. The main aim of this legislation is to protect people from the harm of conversion practices and protect the human rights and dignity of LGBTQI+ people.

65. Legislation passed by the Scottish Government must be compatible with the human rights protected by the European Convention on Human Rights (ECHR). In developing the proposals set out in this consultation we have carefully considered their impact on rights protected by the ECHR, in particular the right to family and private life; freedom of thought, conscience and religion; and freedom of expression. Interference with these rights must be necessary and proportionate to the aim to be achieved, in this case, protection of the rights of LGBTQI+ people.

66. In order to make sure that our proposals respect all the rights involved, we have taken a number of steps. These include ensuring that the criminal law targets only those acts that are harmful and coercive. We are clear that conversion practices must be undertaken with a specific intention, and relate to a specific victim. They do not include general statements of opinion without this specific intention, or voluntary practices undertaken by a person themself in line with a person’s own belief and not pushed upon them by someone else. There are also a number of safeguards for ECHR rights in relation to the civil protection orders which cannot be granted unless necessary to reduce or prevent harm to other persons.

26. Do you have any views on the steps we have taken to ensure the proposals are compatible with rights protected by the European Convention of Human Rights?