Queer Youth and Legal Protections Against Conversion Therapy

Abstract

This article examines conversion therapy’s worldwide and Indian contexts as well as its effects on young LGBT people. It draws attention to the detrimental effects of conversion therapy, international attempts to outlaw the practice, and difficulties in implementing these laws. Conversion therapy persists under several names in India despite certain legislative developments and advocacy initiatives because of social stigma, a lack of knowledge, and inadequate legal frameworks. In order to defend the mental health and human rights of LGBTQIA+ people, the essay highlights the necessity of comprehensive, culturally specific legislative safeguards as well as strong support networks. For significant change to occur, these gaps must be filled.

Introduction to Queer Youth and Conversion Therapy

Queer:- The word “queer,” which has an unclear origin, first appeared in the English language in the early 16th century. At that time, its primary meaning was “strange, odd, peculiar, or eccentric.”[1] The term “queer” refers to gender identities and sexual orientations other than cisgender and heterosexual. The term “queer” can refer to lesbian, gay, bisexual, and transgender individuals as well. Occasionally, the term “queer” is used to convey the idea that gender and sexuality can be ambiguous, dynamic, and difficult to categorize into binary categories such as gay or straight or male or female. [2] The term “queer” has a painful past because it was once (and perhaps still is) used to disparage or denigrate LGBT persons.[3]

Conversion Therapy:- Any form of emotional or physical therapy intended to “cure” or “repair” a person’s gender identity and expression, or their attraction to people of the same sex, is known as conversion therapy. Providers claim these therapies can make someone heterosexual or “straight.”[4] In practice, it means trying to stop or suppress someone from being gay, or from identifying as a different gender to their sex recorded at birth. In addition to talking treatments and prayer, more extreme variants of it can involve physical violence, exorcism, and starvation.[5]

Finding the “cause” of a person’s sexual orientation or gender identity through talk therapy or persuading them that their inclination is immoral or spiritually incorrect, attempting to alter cognitive processes by instructing the recipient on how to “redirect” their thinking on their sex wants. Aversion therapy, including forcing a negative association with sexual thoughts by making someone feel sick or in pain, using hypnosis to “reprogram” the victim’s verbal abuse, which aims to manipulate the victim’s actions or thoughts through the use of guilt, shame, or fear praying, which involves telling the victim they can change their orientation if they pray fervently enough “corrective rape,” which is the horrifying use of sexual assault to try and force someone to feel heterosexual attraction. For men, this can mean “chemical castration”—using hormone therapies, drugs, or even testicle removal—to intentionally reduce sex drive and thwart sexual desire.

Historical Context of Conversion Therapy:- A startling assertion made by a German psychiatrist in 1899 at a hypnosis conference stunned the audience: he had successfully converted a gay guy to straight status. Albert von Schrenck-Notzing boasted that it only required 45 hypnosis sessions and a few excursions to a brothel. He said that he had controlled the man’s sexual desires with hypnosis, turning them from a persistent desire for women to an interest in men. Unbeknownst to him, he had just unleashed a wave of pseudoscientific methods that would come to be known as “conversion therapy”—a way to suppress LGBTQ people’s sexuality and force them to act in ways that society deemed appropriate.[6]

Impact of Conversion Therapy on the Queer Youth:-

Certain right-wing religious organizations espouse the idea that a person can alter their gender identity or sexual orientation by means of “reparative” or “conversion” therapy, other religious practices, or prayer. Studies on these endeavors have not only demonstrated their ineffectiveness but also suggested that they are positively detrimental[7]. No reliable scientific study has shown that conversion therapy may alter a person’s sexual orientation. Indeed, Dr. Robert Spitzer, whose study was formerly misapplied to justify conversion therapy, has recanted his initial assertions, asserting that all the information about conversion therapy has been misconstrued and that there is no solid proof that it is effective.[8] Conversion therapy can result in sadness, anxiety, drug abuse, homelessness, and suicide, and minors are particularly vulnerable[9]. According to the American Psychiatric Association, “there are significant risks associated with reparative therapy, such as depression, anxiety, and self-destructive behavior, as the therapist’s adherence to societal prejudices against homosexuality may exacerbate the patient’s already existing self-hatred.” In its assessment, SOCE “lack medical justification and represent a serious threat to the health and well-being of affected people,” according to the Pan American Health Organization, a regional office of the World Health Organization. Conversion therapy also shatters the bond between youth and their families, leading to the latter’s rejection of the former’s sexual orientation.[10]

As late as 2018, medical books listed homosexuality and lesbianism as a “perversion”. People of a different sexual orientation or gender identity often narrate harrowing tales of bullying, discrimination, stigma and ostracization[11]

With the goal of making the patient heterosexual, reparative therapy is an intervention that uses medication, psychotherapy, exorcism, and even physical force to change a patient’s sexual orientation or gender identity. Conversion therapy encompasses efforts to transform the fundamental identity of young people whose gender identity is not compatible with their sex anatomy. Therapy is frequently provided by quacks who lack sufficient training to handle the problem. Conversion therapy therapies are offered under the mistaken assumption that homosexuality and various gender identities are unhealthy, according to the American Academy of Child and Adolescent Psychiatry (AACAP). They aren’t; the lack of pathology implies that conversion or any similar measures are unnecessary.

The Global Legislative Landscape of LGBTQIA+ Youth and Conversion Therapy

Medical and psychological professionals from all around the world are increasingly acknowledging that conversion therapy—a contentious technique intended to alter a person’s sexual orientation or gender identity—is detrimental and ineffectual. To prevent these abusive practices against LGBTQIA+ people, especially gay adolescents, numerous countries have responded by enacting comprehensive bans.

Fourteen nations have outlawed conversion therapy on a national level, while numerous other states, municipalities, and provinces have passed laws to safeguard their populace. We’ll examine the areas and the nature of the restrictions on conversion treatment in this post.

Beginning in 1999, Brazil enacted the world’s first conversion therapy prohibition, which prohibited conversion treatment related to sexual orientation! Their prohibition was imposed by the Federal Council of Psychology, and in 2018 it was expanded to include sexual orientation and gender identity. In 2007, Samoa enacted a law that prohibits registered health professionals from doing conversion therapy on the grounds that an individual’s sexual orientation cannot qualify them as “mentally ill.” Taiwan followed suit in 2018 after Fiji did so in 2010; the latter country outlawed the practice of medicine.

Mental health regulations in Uruguay (2017) and Argentina (2010) forbade conversion treatment based on gender identity and sexual orientation. A number of nations, notably Ecuador in 2014 and Malta in 2016, have imposed criminal prohibitions on those who are discovered to be engaged in conversion therapy. In 2020, Germany outlawed conversion therapy for children and protected people who were coerced, deceived, or under duress into receiving conversion therapy. When it comes to provinces, regions, and territories, Spain and Australia continue to make progress.[12]

The sole justification for targeting a particular group with “conversion therapy” is their sexual orientation and gender identity, with the intention of undermining their autonomy and sense of personal integrity. The practice is said to be “inherently discriminatory” since it goes against the fundamental principles of universality, equality, and non-discrimination that underpin international human rights law.[13]

Furthermore, depending on the severity of the inflicted physical and mental pain and suffering, it may also violate the prohibition against torture and ill-treatment, given the background that individuals who identify as sexually or gender diverse are morally, spiritually, or physically inferior and must be modified to address that inferiority. Ultimately, the freedom from non-consensual medical treatment is one of the rights to health that is also violated by this practice.

Prominent healthcare institutions, such as the World Health Organisation (WHO), have determined that these therapies are unethical, unscientific, useless, and perhaps hazardous. This practice stems from homophobic violence and prejudice, which is motivated by the desire to punish those whose behavior or appearance seems to defy gender norms. In addition, the treatment of LGBTQ people in medical settings has been under growing scrutiny from UN human rights organizations. States violate their duty to protect human rights when they do not act forcefully to prevent third parties from providing these medicines.[14]

The Indian Context: Conversion Therapy and Legal Protection 

The Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social, and Cultural Rights (ICESCR), and the Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment have all been broken by nations like India.

In NALSA v. Union of India[15], the Supreme Court of India stated that the United Nations’s ‘Yogyakarta Principles on the Application of International Law in Relation to Issues of Sexual Orientation and Gender Identity’ should be applied as a part of Indian law.[16]

States are required by Principle 18 of the Yogyakarta Rules to safeguard the LGBTQ community from medical mistreatment. States must, in doing so, take all necessary legislative, administrative, and other steps to guarantee that no child’s body is permanently changed by medical procedures intended to impose a gender identity without the child’s complete, free, and informed consent, taking into account the child’s age and maturity.

Though banned by the National Medical Commission the discriminatory practice of conversion therapy still continues in India under the garb of various other ‘professional medical practices’. What India lacks in present times is the presence of a comprehensive legal framework to address such an alarming issue. Homosexuality is not a disorder as it is addressed whilst performing conversion therapies in the name of treatment of a ‘disease’.

What is enabling this is the lack of a comprehensive legal definition for conversion therapy leaving it only as a ground for disciplinary action against doctors, and not the basis for criminalisation of the practice. The loopholes for perpetrators and facilitators to get away with these illegal practices are many.[17]

Activism and Advocacy in India against conversion therapy

India is facing a prolonged backlash from its LGBTQ+ community over the continued use of conversion therapies to “cure” homosexuality by changing people’s sexual orientation[18].

The campaign against conversion therapy has been difficult in India and has been beset by obstacles. Even with the unceasing efforts of LGBTQIA+ organizations and activists, the development is still uneven and sluggish. Though well-intentioned, public awareness efforts and support programs often encounter resistance due to conservative opposition and ingrained societal stigma. Fighting for legal reforms, as well as against pervasive disinformation and cultural biases, activists have a tough battle ahead of them.  Advocates have difficulties in a nation where LGBT rights are still a divisive topic because there is still no comprehensive legislation outlawing conversion therapy. The path to significant change in India is arduous and full of detours, despite their unrelenting dedication.

In general, LGBT people are challenging heterosexuality’s presumptions and the binary view of gender.  These presumptions put them in a position where they are harassed by the authorities, coerced into marriages, unable to finish or further their education, and unable to receive healthcare. LGBT people have extremely precarious lives and always dread being persecuted and prosecuted. The issues LGBT people experience are brought to light by incidents of extortion and police violence.

Conclusion

The implementation of legal prohibitions on conversion therapy for young LGBTQ individuals poses many obstacles that are intricately linked to societal disapproval, cultural opposition, and inadequate knowledge.  The state of legislation around the world has significantly improved, yet there is still inconsistent application of these rules.

Strong cultural norms and resistance- Fostering socioeconomic conditions makes the fight against conversion therapy in India even more difficult. Despite major challenges from conservative factions and pervasive misinformation, activists and advocacy groups continue to play a critical role in increasing public awareness and advocating for legislative change. Effective, culturally-sensitive legal protections are crucial for preserving the mental health and human rights of queer people, and addressing these issues calls for a multimodal strategy that includes strong public education, comprehensive legal frameworks, and strong support networks for survivors.

This means not just passing legislation and seeing to it that it is followed, but also cultivating a culture that is inclusive and values the humanity of LGBTQIA+ people. In order to ensure that legislative protections are both effective and culturally relevant, a concentrated effort is required to study local behaviors and cultural contexts, especially in non-Western settings, in order to close the research gaps that currently exist. We cannot hope to end conversion therapy as a destructive practice and safeguard the well-being of LGBTQ adolescents around the world without implementing such comprehensive and inclusive solutions.

Reference(s):

[1] W. Jones, T. (2023) The history of the word ‘queer’, La Trobe University. Available at: https://www.latrobe.edu.au/news/articles/2023/opinion/the-history-of-the-word-queer#:~:text=Queer%20is%20a%20word%20of,to%20same%2Dsex%20attracted%20men . (Accessed: 27 June 2024).

[2] What does queer mean? (no date) Planned Parenthood. Available at: https://www.plannedparenthood.org/learn/teens/sexual-orientation/what-does-queer-mean  (Accessed: 27 June 2024).

[3] Ibid

[4] What is conversion therapy? (no date) WebMD. Available at: https://www.webmd.com/sex-relationships/what-is-conversion-therapy  (Accessed: 27 June 2024).

[5] What is conversion therapy and when will it be banned? (2023) BBC News. Available at: https://www.bbc.com/news/explainers-56496423  (Accessed: 27 June 2024).

[6] Gay conversion therapy’s disturbing 19th-century origins (no date) History.com. Available at: https://www.history.com/news/gay-conversion-therapy-origins-19th-century  (Accessed: 27 June 2024).

[7] Ibid

[8] So-called ‘Conversion therapy’ and LGBTQ Youth Mental Health (2024) The Trevor Project. Available at: https://www.thetrevorproject.org/resources/guide/so-called-conversion-therapy-and-the-lgbtq-youth-mental-health/  (Accessed: 27 June 2024).

[9] The lies and dangers of ‘Conversion therapy’ (no date) Human Rights Campaign. Available at: https://www.hrc.org/resources/the-lies-and-dangers-of-reparative-therapy  (Accessed: 27 June 2024).

[10]So-called ‘Conversion therapy’ and LGBTQ Youth Mental Health (2024) The Trevor Project. Available at: https://www.thetrevorproject.org/resources/guide/so-called-conversion-therapy-and-the-lgbtq-youth-mental-health/  (Accessed: 27 June 2024).  

[11] Datta, S. (2022) Explained: The ban on conversion therapy for the LGBTQIA+ community, The Hindu. Available at: https://www.thehindu.com/news/national/explained-the-ban-on-conversion-therapy-for-the-lgbtqia-community/article65853083.ece  (Accessed: 27 June 2024).

[12] staff, S. (2022) Which countries have already banned conversion therapy? Stonewall. Available at: https://www.stonewall.org.uk/about-us/news/which-countries-have-already-banned-conversion-therapy  (Accessed: 27 June 2024).

[13] Global ban needed on bogus ‘conversion therapy’, argues UN rights expert | UN news (no date) United Nations. Available at: https://news.un.org/en/story/2020/06/1066652  (Accessed: 27 June 2024).

[14] Goyal, R. (no date) Criminalization of conversion therapy: Time to fulfill our international commitment towards the LGBTQ+ community, Bar and Bench – Indian Legal news. Available at: https://www.barandbench.com/apprentice-lawyer/criminalization-of-conversion-therapy-time-to-fulfil-international-commitment-towards-lgbtq  (Accessed: 27 June 2024).

[15] National Legal Services Authority v. Union of India, (2014) 5 SCC 438  (2014).

[16] Ibid  

[17] Shaji, S. and Isaac, A. (no date) ‘conversion therapy’ still continues in India, despite a ban, The News Minute. Available at: https://www.thenewsminute.com/news/conversion-therapy-still-continues-india-despite-ban-180485  (Accessed: 27 June 2024).

[18] Price, R. (2024) LGBTQ+ Conversion therapy in India: How it began and why it persists today, The Conversation. Available at: https://theconversation.com/lgbtq-conversion-therapy-in-india-how-it-began-and-why-it-persists-today-140316#:~:text=India%20is%20facing%20a%20prolonged,in%20Goa%2C%20sparked%20online%20protests.  (Accessed: 27 June 2024).