AKEL draft bill submitted for the criminalisation of “conversion therapies” against LGBTI people

 

27 January 2022

AKEL has submitted to the Cypriot Parliament a draft bill for the criminalisation of “conversion therapies” applied against LGBTI people. The draft bill, tabled by AKEL MP Giorgos Koukoumas (as a member of the Parliamentary Legal Affairs and Human Rights Committees), on behalf of the AKEL-Left-New Forces Parliamentary Group, provides for the introduction of a new article in the Criminal Code of Cyprus.

As recorded in the Explanatory Memorandum accompanying the AKEL Proposal “conversion/reconversion therapy” is considered to be any pseudo-scientific intervention (medical, pharmaceutical, counselling, behavioural, psychiatric, psychotherapeutic and psychological) aimed at changing a person’s sexual orientation, gender identity or gender expression. This practice may be carried out by health and mental health professionals (psychologists, psychotherapists), alternative therapists, priests or religious guides and is mainly targeted at young people, especially children or adolescents. It includes physical or psychological violence, pressure, blackmail to change behaviour, psychological coercion to control the victim’s behaviour/actions and even ‘’corrective rape’.”

“Conversion therapies” are based on the notion that LGBTQ+ people are morally, spiritually or even biologically inferior or problematic individuals who need to be treated. International mental health agencies link these ‘therapies’ to long-term damage to the physical and mental health of LGBTQ+ people and to suicide attempts. The majority of professional associations of health professionals around the world have described such practices as unethical and immoral, calling on their members to refuse to provide such services.

The European Parliament in a series of Resolutions has called on all EU member states to criminalise “conversion/reconversion therapies”, while the Parliamentary Assembly of the Council of Europe has issued the same call.

In addition, the United Nations Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity, in a relevant report released in May 2020, noted that beyond the dimension of flagrant violation of human rights (bodily autonomy, health and free expression of sexual orientation and gender identity) through “conversion therapies”, there is also an element of abuse, and in cases where such “conversion/repair” practices are carried out by force then they constitute torture and ill-treatment. In this report, the UN Independent Expert calls for the universal abolition of practices known as “conversion therapies”.

More specifically, AKEL’s draft bill seeks to amend the Criminal Code Law to establish as an offence punishable by up to 2 years’ imprisonment the application of any practice, technique or provision of a service with the purpose of changing, suppressing or eliminating sexual orientation, gender identity or gender expression.

Even more severe penalties – up to 3 years imprisonment – are provided for when the practice is applied to a minor or a person who is in a vulnerable position due to illness, disability, mental condition or a relationship of dependence or influence, and when a person refers another person to such a practice for whom a person exercises legal guardianship.

An offence punishable by a sentence of up to 2 years will also be considered the public or by circulating documents, images or performances announcing or advertising, even covertly, a practice, technique or the provision of a service aimed at changing or suppressing sexual orientation, gender identity or gender expression.

It is of course clarified in the text of the Draft Bill that it does not constitute an offence to provide counselling, medical and other services that relate to the exploration, free development and/or affirmation of a person’s sexual orientation, gender identity or gender expression and do not seek to change self-identification.