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Expert Advisory Group on Ending Conversion Practices: report and recommendations

This report is the result of the work of the Expert Advisory group on Ending Conversion Practices and informs the Scottish Government on the measures which should be considered in order to end conversion practices in Scotland which aim to change a person’s sexual orientation or gender identity.


Footnotes

1. The Group prefers to use the term "conversion practices", recognising both the breadth of the practices and the fact that conversion is not a "therapy". The term "conversion practices" will therefore be used throughout the rest of the report.

2. A Fairer, Greener Scotland: Programme for Government 2021-22 - gov.scot (www.gov.scot)

Supporting documents - Scottish Government and Scottish Green Party: draft shared policy programme - gov.scot (www.gov.scot)

A stronger and more resilient Scotland: the Programme for Government 2022 to 2023 - gov.scot (www.gov.scot).

3. End Conversion Therapy - Petitions (parliament.scot).

4. Report of the UN Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity, (17 July 2019), A/74/181, para. 61.

5. Scottish Human Rights Commission, Submission: End Conversion Therapy, Call for Views Petition PE1817 (13 August 2021).

6. Yogyakartaprinciples.org – The Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity.

7. These include the right to respect for private and family life which includes the right to personal autonomy, sexual orientation and gender identity (Article 8 ECHR); the right to health (Article 12(1) International Covenant on Economic, Social and Cultural Rights (ICESCR) and Article 8 ECHR); freedom from torture, inhuman/degrading treatment (Article 3 ECHR); freedom from discrimination (Article 14 ECHR); the right of the child to protection from physical and mental injury, abuse and neglect (Article 19(1) United Nations Convention on the Rights of the Child (UNCRC)); the right of children to preserve their identity (Article 8(1) UNCRC); the right of the child to freedom from torture (Article 37(a) UNCRC); and the right to life (Article 2 ECHR).

8. Article 9(2) ECHR and Article 10(2) ECHR.

9. Memorandum of understanding on conversion therapy in the UK (bacp.co.uk)

10. Report on Petition PE1817: End Conversion Therapy | Scottish Parliament

11. United Nations Independent Expert on protection against violence and discrimination based on Sexual Orientation and Gender Identity – Report on Conversion Therapy

12. Domestic Abuse (Scotland) Act 2018.

13. Mental Health (Care and Treatment) (Scotland) Act (2003) asp 13.

14. Change or Suppression (Conversion) Practices Prohibition Act 2021 (legislation.vic.gov.au)

15. The Group highlights the work of the England-based Albert Kennedy Trust (AKT) as an appropriate model of support. AKT supports young people who are facing homelessness or living in hostile environments. They support them into safe homes, employment, education and training in a welcoming, safe and open environment that celebrates LGBT+ identities. They help people stay safe, find emergency accommodation, access specialist support, develop skills, etc. They do this by providing access to advice from one of their housing specialists, a one-to-one mentor support, and access to their emergency support pack or tenancy starter pack, accommodation with a specially trained AKT host, and more.

16. It is also recommended that conversion practices survivors are highlighted, alongside LGBT+ people, as an at risk group within current developing work on suicide prevention, self-harm and the wider mental health strategy in the Scottish Government's Mental Health Directorate. LGBT+ people often do not access mainstream mental health services.

17. The Group recommends that the Scottish Government look to s.56 of the Victorian Act.

18. The Group recommends the Scottish Government looks at s.19 of the Victorian Act.

19. KonvBehSchG - unofficial table of contents (gesetze-im-internet.de)

20. LGBT Health and Wellbeing

Galop - the LGBT+ anti-abuse charity

21. House of Rainbow

Sarbat Sikhs

Shakti Women's Aid (shaktiedinburgh.co.uk)https://www.nazandmattfoundation.org/

22. Banning Conversion Practices in Scotland – Input from Ethnic Minority Communities, Patrick Ogunmuyiwa.

23. LGBT Honour Report (2018).pdf (uclan.ac.uk)

Contact

Email: lgbtipolicy@gov.scot

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