Ending conversion practices in Scotland - consultation analysis: SG response

Potential impact on existing rights

43. The intention of legislation to ban conversion practices is to protect people of all sexual orientations and gender identities from coercion and harm, while upholding and respecting existing rights.

44. The potential impact of our proposals on existing rights was a recurring concern of some respondents throughout the consultation, particularly the rights to private and family life (Article 8 of the European Convention on Human Rights (ECHR), freedom of thought, conscience and religion (Article 9 of the ECHR) and freedom of expression (Article 10 of the ECHR). The scope of the proposals has received criticism from individuals and organisations who believe that the proposals will unduly restrict these freedoms and enforce a specific set of behaviours and/or beliefs.

45. We acknowledge these concerns and wish to offer reassurance that the Scottish Government recognises and respects the rights of freedom of religion and expression, as well as the rights of parents and guardians to decide how to raise their children. We also believe that it is important to protect all people from harm on the basis of their sexual orientation or gender identity. This is why we proposed legislation which would apply “both ways”, i.e. legislation would apply to conversion practices which intend to change a person from homosexual to heterosexual, or heterosexual to homosexual.

46. In developing our proposals, we systematically assessed the impacts they might have on existing rights and endeavoured to limit these. Based on the feedback gained through the consultation, we will continue to assess any necessary amendments or clarifications in order to ensure that any Scottish legislation to end conversion practices is proportionate in how it interacts with these rights while addressing the rights, safety and health of those people who are exposed to conversion practices.