Ending conversion practices in Scotland - consultation analysis: SG response
Scottish Government response to the consultation analysis on ending conversion practices Scotland. This responds to some of the issues raised in responses to the consultation and what we are doing now.
Key areas of consultation feedback and government response
19. Respondents who agreed with the proposals frequently noted their concern about the harm caused by conversion practices. Some respondents highlighted significant, long-lasting psychological and physical harms including depression and suicidal ideation, significant damage to self-esteem, feelings of intense shame, isolation and loneliness which can arise from exposure to conversion practices.
20. The main themes criticising the proposals centred on their potential impact on freedom of expression, religious rights, parental rights, and the inclusion of gender identity. Repeated concerns were also voiced around a perceived lack of clear definitions throughout the consultation, for example in relation to: sexual orientation, gender identity and what constitutes a conversion practice. In addition, significant feedback was provided on the proposal that, as part of the proposed new criminal offence of engaging in conversion practices, harm would need to be proven to have occurred.
21. Respondents, primarily those critical of the proposals, also expressed concerns regarding the ways that proposals could affect them and their day to day lives and activities. This included concerns about parental controls and guidance in respect of their children and the expression of different views and religious beliefs. In line with the requirements of the European Convention on Human Rights, interference with existing rights must be, amongst other things, necessary and proportionate to the aim to be achieved. In this case, the proposals have the specific aim of protecting people, particularly LGBTQI+ people, from a specific form of harm.
22. We want to offer reassurance that in developing legislation, existing rights will be respected and we are carefully considering the concerns raised, both by making changes to the proposals and through providing further clarity about how legislation would work in practice.