Ending conversion practices in Scotland - consultation analysis: SG response

Gender identity

47. The Scottish Government is clear that that any legislation to end conversion practices in Scotland must include protections against conversion practices which aim to change or suppress a person’s gender identity, as well as those which are aimed at a person’s sexual orientation.

48. Question 1 of the consultation paper asked respondents whether they supported our approach to defining conversion practices. Our proposed definition included behaviour motivated by the intention to change or suppress a person’s sexual orientation or gender identity. Question 2 asked respondents to provide their reasons for this answer.

49. A small majority of respondents (54%) did not support the Scottish Government’s approach. Of the remaining respondents, 45% did support the approach. Many respondents who did not support the approach specifically highlighted concerns relating to gender identity in their answer to Question 2.

50. Many respondents noted concern that the proposed legislation would include protections against conversion practices which are carried out on the basis of changing or suppressing a person’s gender identity.

51. However, there is clear evidence that conversion practices on the basis of gender identity happen and that these practices harm people. This harm can include lifelong and complex conditions such as complex post-traumatic stress disorder (C-PTSD) and suicidal ideation and/or attempts.

52. We remain firm in our commitment to protect the human rights of transgender and non-binary people and to protect all people from these harmful practices. As such, we are clear that any legislation must include protections for people on the basis of their gender identity, as well as their sexual orientation.

53. We also wish to be clear that the processes or practices surrounding gender transition or gender recognition are not the subject of these proposals.