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A. Draft resolution
(open)
B. Explanatory memorandum
by Ms Kate Osborne, rapporteur
(open)
Report | Doc. 16315 | 06 January 2026
For a ban on conversion practices
Committee on Equality and Non-Discrimination
A. Draft resolution 
(open)1. Conversion practices, also
referred to as conversion therapies or reparative therapies, are
all measures or efforts aimed at changing, repressing, or suppressing
a person’s sexual orientation, gender identity or gender expression,
based on the false belief that such core aspects of a person’s identity
are pathological or undesirable or somehow able to change.
2. These practices, aimed at promoting heterosexual attraction
or aligning a person's gender identity with their sex assigned at
birth, include psychological or behavioural counselling, spiritual
and religious rituals, aversion methods, as well as verbal abuse,
coercion, isolation, forced medication, electric shocks, physical
and sexual abuse.
3. Conversion practices have no scientific basis and have harmful
consequences on the individuals subjected to them, as they induce
or strengthen feelings of shame, guilt, self-disgust and worthlessness
and lead to increased rates of depression, anxiety, post-traumatic
stress disorder, suicidal ideation and suicide attempts. Such harm
inflicted on mental health and well-being affects all age groups,
but is particularly devastating to children and young people. Leading
medical and psychological organisations have condemned these practices
as scientifically unfounded, ineffective and dangerous. Moreover,
these practices have a negative impact on the public, as they promote
the stigmatising misconception that an individual’s sexual orientation
or gender identity or expression may or should be “cured” or changed.
4. The Parliamentary Assembly reaffirms the crucial importance
of personal autonomy, as protected under Article 8 of the European
Convention on Human Rights (ETS No. 5), which guarantees the right
to respect for private and family life to everyone, including the
freedom to make autonomous decisions on their lifestyle, also as
regards sexual orientation, gender identity, gender expression and
sexual characteristics.
5. The Assembly is deeply concerned that conversion practices
persist across Council of Europe member States, often covertly,
despite growing recognition of the harm they cause and in spite
of being banned by many relevant professional organisations.
6. Action to prevent and counter the harm caused by conversion
practices is urgently needed. This is both a public health imperative
and a matter of respect for human rights and fundamental freedoms.
Protecting individuals from practices that undermine their dignity,
autonomy and well-being is an essential component of the democratic
order of our societies. Council of Europe member States that have
not yet done so should adopt legislation and policies to prohibit
these practices and protect those at risk. States that already have
such measures in place must ensure their effective enforcement and
that victims have access to existing victim support services.
7. The experience of countries that have been pioneers in this
area, such as Malta, not only provides valuable insight into the
principles that should guide legislative reform, but also into potential
shortcomings and loopholes that must be avoided.
8. In the light of these considerations, the Assembly calls on
member and observer States of the Council of Europe and States whose
parliament enjoys observer or partner for democracy status with
the Assembly:
8.1. with regard to
legislation and policies, to:
8.1.1. introduce
legislation to prohibit conversion practices, providing for criminal
sanctions and based on a clear and comprehensive definition of the
proscribed practices. Regulations should further clarify the scope
of the legal ban, by explicitly covering specific forms of conversion practices
across healthcare, education, religious and commercial settings
with a view to closing possible legal loopholes;
8.1.2. integrate the prohibition of conversion practices within
broader national anti-discrimination and inclusion strategies to
protect the rights of LGBTI persons in order to ensure multi-sectoral
government commitment;
8.1.3. establish monitoring and reporting mechanisms, including
complaint procedures accessible to victims or witnesses of conversion
practices in order to aid enforcement and evaluation of legislation
and policies;
8.1.4. complement the criminal law framework with civil measures
such as conversion therapy protection orders in order to enhance
enforceability of legislation and protection of victims;
8.1.5. ensure that the ban is extended to the advertising of
conversion practices, including online;
8.1.6. ensure the ban is extended to referrals to other practitioners
or operators, including when these are based in other jurisdictions;
8.2. with regard to co-operation with civil society, professional
organisations and religious institutions, to:
8.2.1. strengthen co-operation with civil society organisations,
notably those active in protecting the rights of LGBTI persons,
in the area of designing, implementing and assessing legislation
and policies in order to ban conversion practices;
8.2.2. formalise or strengthen co-operation with relevant professional
organisations in such areas as psychology, psychiatry and social
work, including to discuss legislation criminalising conversion
practices;
8.2.3. promote the development and adoption by professional organisations
of codes of conduct and practical guidance on banning such practices;
8.2.4. engage in dialogue with religious organisations with a
view to co-operating in enforcing the prohibition of conversion
practices;
8.3. with regard to education and awareness raising, to:
8.3.1. introduce training for healthcare
professionals, social workers and educators and members of religious
institutions, as well as law enforcement officers, the judiciary
and prosecutors in order to improve identification of conversion
practices and response;
8.3.2. ensure that mandatory comprehensive sexuality education
curricula encompass teaching on the diversity of sexual orientation,
gender identity and expression and sex characteristics, with a view
to preventing and countering social prejudice and misinformation. They
should include specific information on conversion practices and
the risks and harm associated with them, with a view to helping
children and young people to identify and denounce attempts to subject
them to such practices;
8.3.3. launch public awareness campaigns targeting myths about
sexual orientation and gender identity in order to counter the misinformation
that underpins conversion practices, including the false belief
that they have disappeared or occur infrequently;
8.4. with regard to victim support and protection, to:
8.4.1. establish specialised, confidential
support services for victims, including counselling and legal aid,
and to ensure adequate funding;
8.4.2. promote and support survivors’ networks in order to empower
victims and facilitate peer support;
8.4.3. provide training for frontline responders and statutory
services in order to identify at-risk individuals at an early stage
and provide timely intervention and protection orders;
8.4.4. recognise experiences of conversion practices as grounds
for emergency housing priority in social welfare policies;
8.5. with regard to Implementation, evaluation and research,
to:
8.5.1. report regularly on the
implementation of legislation banning conversion practices, its progress,
challenges, and outcomes;
8.5.2. encourage research and data collection on the prevalence
and impact of conversion practices, and effectiveness of interventions
in order to inform evidence-based policy development;
8.5.3. foster international co-operation and exchange of best
practices in order to strengthen national efforts and contribute
to implementing human rights standards at European and global level.
9. The Assembly highlights that in times of increasing European
integration and freedom of movement, it is crucial to ensure that
the ban on conversion therapies is adopted by all Council of Europe
member States, with a view to preventing cross-border enforcement
gaps.
B. Explanatory memorandum
by Ms Kate Osborne, rapporteur 
(open)1. Introduction
1. Conversion practices are all
actions or efforts aimed at “curing”, changing, repressing, or suppressing
a person’s sexual or romantic orientation, gender identity or gender
expression. These practices are based on the false belief that such
core aspects of a person’s identity are pathological or undesirable
or can be changed. They are also referred to as “conversion therapies”
or “reparative therapies”. The term “practices” is preferable, as
there is nothing therapeutic about these practices, and it reflects
the variety of methods used, ranging from pseudo-medical treatments
to rituals, acts of purification, psychological pressure or other
methods. These practices, which are often fraudulently marketed,
have no scientific basis. They can cause physical and psychological
harm to individuals subjected to them, with serious and sometimes
fatal consequences.
2. LGBTI people are subject to many forms of discrimination and
are among the primary targets of hate speech and hate crimes. Conversion
practices add to these challenges and constitute an infringement
of personal autonomy and self-determination. They often result in
psychological or even physical violence, and, in some cases, may
constitute a form of torture.
3. Given the danger that these practices represent for LGBTI
people and for human rights, the current trend towards prohibition
must be encouraged in all Council of Europe member States. The purpose
of this report is to present the reasons for the ban, both from
a human rights and public health perspective, and to identify appropriate
legislation and policies to achieve the eradication of this harmful
phenomenon.
2. Conversion practices: nature and prevalence
4. Conversion practices may be
used for LGBTI people in various parts of the world,
including the European
continent. The extent of these practices is not precisely known
as they are often carried out in secret. Estimates of the number
of victims therefore vary widely. According to a Dutch Government
report
taken
up by the European Parliament
and the Council of Europe
Commissioner for Human Rights,
5% of LGBTI people
in Europe are offered these “therapies”, and 2% undergo them.
These figures only take
into account reported incidents and are likely underestimated. A
2025 study reports that almost one in three LGBTI people in Great
Britain have been offered or been subjected to a ”conversion therapy”,
with transgender people, children and young people particularly
at risk. 
5. According to a 2024 report by the European Union Agency for
Fundamental Rights (FRA),
one in four people have experienced
some type of “conversion therapy”. Of these practices, 11% are said
to have been committed by family members, and 5% by clerics. The
incidents reported included physical violence (3% of those interviewed),
sexual violence (1%) and verbal violence and humiliation (14%).
Half of the women (47%) and transgender men (48%) had been subjected
to these “conversion therapies”. Among those consulted by the FRA,
three out of four explained that they had not consented to these
“therapies”, and 13% said that they had undergone them after being
threatened. Despite the discrepancy between the various estimates,
these figures show the worrying scale of this phenomenon.
6. In addition to the data presented by FRA, International Lesbian,
Gay, Bisexual, Trans and Intersex Association (ILGA) Europe collected
information from its member organisations in Croatia, Germany, Hungary, the
Netherlands, Spain and Sweden. They reported that the conversion
practices were conducted by a variety of actors, including religious
institutions and their affiliates such as counsellors, psychologists,
psychiatrists, other health professionals, schools, and family.
Information from Spain reported that victims were subject to forced
chastity, forced heterosexual sexual relations, insults, and threats.
The Swedish organisation MUCF reported that 5% of LGBTQ individuals
taking part in a survey mentioned more severe forms of conversion attempts,
such as pseudo-medical treatment, threats of being deported from
Sweden, of being sent on “discipline trips”, of forced marriage,
and other forms of pressure, threats and coercion. The same organisation also
received reports of physical violence, limited access to food, sexual
violence, psychological violence in the form of strong control,
social isolation or exclusion, and verbal abuse.
7. In the Netherlands, a 2020 report commissioned by the government
estimated that there were at least 15 individuals and organisations
offering conversion practices, ranging from holiday camps, seminars
and workshops to pseudo psychotherapy and exorcisms. 
8. Spanish organisation FELGTBI+ reported to ILGA Europe that
those conducting conversion practices reach their potential victims
by using dating apps, speeches in churches including during service,
and public advertisements. The Hungarian organisation Hatter carried
out a survey among psychologists and reported that 9% of respondents
had participated in a training on “reparative therapies”, while
49% had not but were interested in undergoing a training. In Croatia,
some religious leaders and priests offered “conversion practices” and
promoted them via social media, including TikTok and Instagram.
Performative public events gathering groups of men praying together
also had links to such practices and their promotion.
9. Conversion practices cause numerous disorders, and victims
are subject to long-lasting suffering such as anxiety and depression.
The physical and moral abuse endured can lead to post-traumatic
stress, suicidal thoughts and many other types of long-term consequences
on physical and mental health. 
10. At the hearing held by the Committee on Equality and Non-Discrimination
on 5 December 2024, Lenna Cumberbatch, Co-Chair of Galop, National
Helpline for LGBT+ Victims and Survivors of Abuse and Violence (United
Kingdom), explained that conversion practices were conducted through
a variety of methods including shaming, humiliating or making someone
feel guilty, pressuring them into seeking or participating in faith-based practices,
excluding them from their family or community. Disbelieving, denying
or ignoring the victim’s gender identity or sexual orientation were
also widespread methods, as well as making them feel that being
LGBTI was wrong. Victims are threatened with homelessness or actually
made homeless, made to travel to another country, pressured into
engaging in cisgender, heterosexual activities, or are verbally,
emotionally, psychologically or sexually abused (for instance, by
being subjected to unsolicited sexual images), and even physically
assaulted.
11. Ms Cumberbatch indicated that the impact of conversion practices
is severe and encompasses fear and compounded trauma. She recommended
that comprehensive bans on conversion “therapies” be adopted by Council
of Europe member States without delay.
12. At the same hearing, Cianán B. Russell, Senior Policy Officer
at ILGA-Europe, pointed out that conversion practices included various
types of interventions, ranging from psychotherapy by psychologists
or psychiatrists to verbal abuse or harassment and even physical
and sexual violence. Some interventions could potentially be considered
as cruel or inhuman treatment or torture, as indicated by the United
Nations Special Procedures and by former Council of Europe Commissioner
on Human Rights, Dunja Mijatović.
13. Conversion practices are perpetrated by different actors.
The latter may be individuals, such as family members and pseudo-doctors,
or organisations, particularly religious ones. In addition, the
FRA report shows that there is no clear definition of conversion
practices, insofar as 75% of people claiming to be victims are not able
to choose among the proposed categories of conversion practices.
3. The harmful impact of conversion practices
14. Conversion therapies cause
profound harm to individuals subjected to them. Leading medical
and psychological organisations, including the American Psychiatric
Association and several equivalent organisations in Europe, as well
as the World Psychiatric Association, have condemned these practices
and highlighted their ineffectiveness and dangers.
15. According to multiple studies, the harmful consequences include
increased rates of depression, anxiety, post-traumatic stress disorder
and significantly high suicidal ideation and suicide attempts. Such
psychological trauma leads to feelings of shame, guilt, self-disgust,
and worthlessness that can result in a damaged self-perception and
even enduring personality changes.
The
impact of abusive methods, including verbal abuse, coercion, forced
medication, isolation, and sometimes physical abuse or electric
shocks, translates into long-lasting emotional and physical scars.
It is worth noting that while the harm inflicted to mental health
and well-being affects all age groups, it is particularly devastating
to children and young people exposed from an early age.
16. Reinforcement of stigma, discrimination, and internalised
homophobia/transphobia, worsening minority stress and overall health
outcomes: these harms extend beyond individuals to impact families
and communities as well, creating deep social and economic costs.
17. The psychological damage caused requires follow-up. Survivors
should therefore have access to psychological help so that they
can rebuild their lives. A survey by the ILGA World reports that
the main priority for policies on conversion practices is to ensure
that victims receive the necessary support.
The study recommends that the authorities
work closely with victims' networks. However, such networks are
only beginning to be created. Measures to support and assist victims
are an important part of any legal framework aimed at preventing
and countering the dangers of conversion practices.
4. Conversion practices as human rights violations
18. Conversion practices have been
classified by UN experts as cruel, inhuman, degrading treatment,
and, in some cases amounting to torture. 
19. Conversion practices also violate several fundamental rights
protected under the European Convention on Human Rights (ETS No. 5),
including Articles 2, 3, 8, 9, 10, and 14, as well as Article 1
of Additional Protocol No. 12 (ETS No. 177).
20. Article 3 prohibits torture and inhuman or degrading treatment.
The European Court of Human Rights has established that practices
causing severe physical or psychological suffering, such as forced
medical interventions, electroshock, or coercive psychological manipulation,
can amount to torture or inhuman treatment under this provision.
As legal scholar Ilias Trispiotis notes, “all forms of ‘conversion
therapy’ amount at a minimum to degrading treatment because they
disrespect the equal moral value of LGBTQ+ people” and violate the
absolute prohibition of such treatment under international human
rights law.
21. Article 8 protects the right to respect for private and family
life, which encompasses a person’s physical, moral, and psychological
integrity. The European Court of Human Rights has affirmed this
right in cases such as X v. Poland (2024),
where the denial of hormone therapy to a trans woman in prison was
found to violate Article 8, as it failed to protect her health and
identity. “Conversion practices” interfere directly with this right
by denying individuals autonomy over their identity, privacy, and
personal development, and by preventing LGBTI people from exercising
their right to health and making informed choices about their own
bodies.
22. Other core rights are also engaged. Article 2, which protects
the right to life, may be violated where conversion practices lead
to severe mental distress, depression, or suicidal behaviour as
a result of coercion or psychological abuse. Article 9 safeguards
freedom of thought, conscience, and religion, and is violated when individuals
are subjected to coercive religious or ideological interventions
aimed at changing their sexual orientation or gender identity. Similarly,
Article 10, which protects freedom of expression, is undermined
when LGBTI people are silenced, pressured to conceal their identity,
or deprived of the right to express themselves freely. Finally,
Article 14 and Article 1 of Protocol No. 12 prohibit discrimination
in the enjoyment of Convention rights and, more generally, of any
legal rights. Conversion practices are inherently discriminatory,
as they are based on the prejudiced view that diverse sexual orientations
and gender identities are inferior or pathological, thereby denying
equal dignity and protection under the law.
5. How to ban conversion practices
23. Professional organisations
across Europe, including national associations of psychologists, psychiatrists,
psychotherapists and counsellors, formally prohibit conversion practices.
These bans, grounded in international ethical standards and the
scientific consensus that such practices are ineffective and harmful, are
in place in most member States. Major European and international
bodies, such as the European Federation of Psychologists’ Associations,
the World Psychiatric Association and the World Medical Association,
have all issued strong condemnations. While these professional prohibitions
play an important preventive role, they remain ethical guidelines
rather than legal safeguards, and enforcement varies. Statutory bans
therefore provide a stronger and more consistent form of protection,
complementing the ethical standards upheld by mental health professions.
24. Several types of measures may be used to counter conversion
practices. Legislative intervention is the most effective. The UN
Independent Expert on sexual orientation and gender identity insists
that States must not promote these practices, and must, on the contrary,
prohibit them, in view of the suffering they cause. 
25. The Global Equality Caucus, an international network of parliamentarians
and elected representatives dedicated to tackling discrimination
against LGBTI people, follows closely legislative developments in
this area. In May 2025, it published a report aiming to take stock
of the situation globally and report on recent legislation banning
conversion practices in Europe and beyond.
The publication
indicated that 15 countries globally had passed legislation to ban
conversion practices nationwide, 3 had bans in sub-national jurisdictions,
with protection varying significantly across States or provinces,
and 14 countries indirectly banned conversion practices through
executive circulars and directives, without explicit legislation
enforcing criminal penalties.
26. In 2016, Malta became the first Council of Europe member State
to adopt a total prohibition, followed by France in 2021, Spain
and Belgium in 2023, Norway and Portugal in 2024. Germany (2020)
and Greece (2022) ban “conversion therapies” for minors and allow
them for adults who may supposedly consent to them. Albania adopted
non-legislative medical guidelines in 2020. Denmark, Finland and
Ireland are now taking steps towards a ban, either through government
or civil society initiatives. In the Netherlands, draft legislation prohibiting
conversion practices was voted by the parliament’s lower house in
September 2025 and should pass a vote in the Senate. In the United
Kingdom, the government has promised to introduce legislation to
ban conversion practices and is bringing that legislation forward.
27. Initiatives to prohibit conversion practices are taken by
civil society organisations, individual experts and other actors
in many countries. In 2018, the European Parliament urged European
Union member States “to adopt measures to ban ‘conversion therapies’
throughout the Union”. 
28. On 11 March 2021, the European Union declared itself an “area
of freedom for LGBTIQ people” and encouraged member States “to make
the practice of ‘conversion therapy’ a criminal offence”.
In February 2023, the
Council of Europe Commissioner for Human Rights, Dunja Mijatović,
published an article in the Human Rights
Commentary entitled “Nothing to change: ending conversion
‘therapies’ for LGBTI people”.
29. On 17 May 2024, on the initiative of the French association ACT (Against Conversion
Therapy), a European citizens' initiative campaign was launched
for “A
ban on conversion practices in the European Union”, calling on the European Commission to propose a legally
binding ban on conversion practices. On 18 November 2025, the initiative
was submitted to the European Commission. The initiative obtained 1 128 063
validated statements of support from European Union citizens and
reached thresholds in 11 member States, making it the 13th valid
initiative that will be examined by the Commission. According to
the European citizen initiative regulation, when the Commission
receives a valid initiative with at least 1 million certified statements
of support, it is required to start an examination process and issue
a reply within 6 months.
30. The recently adopted European Commission’s LGBTIQ+ Equality
Strategy 2026-2030, which builds on the previous 2020-2025 Strategy,
reaffirms the European Union’s commitment to equality, protection
and inclusion of LGBTIQ people, and prioritises implementation,
consolidation and co-operation over new legislative efforts. It
aims among other things to support member States in banning conversion
practices. Unfortunately, it does not propose adding conversion
practices to the list of “EU crimes”, which would have been a useful
step.
31. Civil society organisations in Council of Europe member States
are actively working to prevent and counter the dangers of conversion
practices and advocating for legislation and policies to ban them
in countries that have not yet done so. In late 2024, ILGA-Europe
hosted a meeting that brought together activists from across Europe
to discuss strategies for ending conversion practices. Participants
emphasised the necessity of addressing the underlying mentality
that permits these practices – namely, the harmful belief that LGBTI+ people
need to be “cured”. Participant organisations highlighted the covert
nature of these practices, which are often conducted behind closed
doors, making detection and intervention challenging. The importance
of educating and training professionals to recognise the subtleties
of conversion practices to better prevent them was also underscored.
The meeting highlighted the need for a multifaceted approach, combining
legal bans, public awareness, victim support, and shifts in societal
attitudes to effectively combat this deeply harmful phenomenon.
32. Generalising a ban throughout Council of Europe member States
is necessary for the system to be effective. Indeed, countries in
which “conversion therapy” is still legal are reporting an increase
in the number of groups perpetrating it. This is the case in Switzerland,
which has seen organisations offering “conversion therapy” being
set up on its territory after Germany and France banned these practices.
This cross-border issue confirms
the urgent need for a Europe-wide ban.
33. The protection of children's rights
is another aspect
that must be taken into account. Children are particularly likely
to undergo “conversion therapies” and to be severely affected by
them. Studies carried out by the UN Special Rapporteur on torture
and other cruel, inhuman or degrading treatment or punishment highlight
the role of parents in the administration of “conversion therapies”.
The parents'
right to control and take charge of their child is limited by their
own interests. The United Nations Independent Expert on protection against
violence and discrimination based on sexual orientation and gender
identity is “convinced that the decision to inflict conversion therapies
on a child can never be truly consistent with the principle of the
best interests of the child”.
However,
children are not the only persons at risk of being subjected to
these practices. Laws and policies aimed at prohibiting them should
therefore not be limited to children.
6. The ban on conversion practices in Malta: a success story
34. Thanks to the States that have
begun to regulate these practices, it is possible to identify the
most effective measures. 
35. On 15 and 16 September 2025 I carried out a visit to Malta.
I would like to thank the Maltese delegation to the Assembly, represented
by its Head, Naomi Cachia, for its support and hospitality, and
all my interlocutors for their valuable input. These included members
of parliament from both the government and the opposition, and representatives
of current and former governments, in particular Rebecca Buttigieg,
Parliamentary Secretary for Reforms and Equality, and Helena Dalli,
former Minister for Social Dialogue, Consumer Affairs and Civil
Liberties, former Minister for Equality, and former European Commissioner
for Equality. I held discussions with legal experts, civil society
organisations such as the Malta LGBTIQ Rights Movement (MGRM), represented
by Colette Farrugia Bennett and Ryan Portelli, and the Christian
LGBTI group Drachma, represented by Christopher Vella. I also met
with social justice advocate Ruth Baldacchino, journalists from leading
newspapers, and Joseph Vella, an official of the European Commission
and former close collaborator of Helena Dalli.
36. Malta has undergone profound legislative and policy reforms
in the field of the rights of LGBTI people over the past decade.
Since 2014, a series of measures were adopted in rapid succession,
including the introduction of civil unions, then of same-sex marriage,
the Gender Identity, Gender Expression and Sex Characteristics Act,
and, eventually, the prohibition of conversion practices. These
reforms took place in a society traditionally shaped by strong Catholic
influence and were largely driven by an active civil society and a
political leadership committed to advancing equality. Helena Dalli
had a prominent role in this process.
37. Prior to the adoption of the ban, conversion practices were
mainly carried out by certain religious groups encouraging believers
to “pray the gay away”, such as the Evangelical movement “River
of Love”, and, in at least one known case, by a psychologist affiliated
with this movement. Although a fringe group, River of Love is well
funded – including by foreign organisations – and vocally opposed
to LGBTI equality initiatives.
38. The law banning conversion practices was prepared in close
collaboration with well-informed experts and representatives of
LGBTIQ organisations. Its drafting is clear, concise and effective.
It provides a simple but comprehensive definition of conversion
practices and distinguishes between vulnerable persons – notably children
under 16 and persons with disabilities – for whom such practices
are prohibited outright, and adults, for whom certain forms of intervention
may be permitted only where there is genuine and informed consent.
39. During the drafting process, professional bodies such as associations
of psychiatrists and psychologists expressed concerns that the ban
might interfere with legitimate therapeutic practice, particularly
discussions relating to sexual orientation or gender identity. Several
interlocutors noted that these concerns could have been better addressed
through earlier consultation. Nonetheless, it is broadly recognised
that the final legislative text is protective while still allowing
professionals to provide appropriate psychological support.
40. The question of consent is central to the Maltese legislation
and to the debates in other countries on banning conversion practices.
While consent is ordinarily required for medical or therapeutic
interventions, several interlocutors underlined that consent in
the context of conversion practices cannot be given.
41. As one expert put it, “consent does not come in a vacuum”.
It must be free of pressure from family, peers or religious authorities.
Moreover, an individual may initially agree to discuss aspects of
their sexual orientation or gender identity, but this cannot be
interpreted as consent to any set of practices, which may escalate
or become harmful. Adults must retain the right to stop at any time.
42. As for the impact of the reform, most interlocutors agreed
that the ban is having a demonstrably positive effect. Several indicated
that prohibiting conversion practices has “saved lives” by preventing
vulnerable individuals from being exposed to coercive or abusive
interventions. The law has also contributed to raising awareness
and reducing the social legitimacy of such practices.
43. At the same time, many stressed that progress is fragile.
A significant part of the population remains unaware that conversion
practices still occur, underestimates their prevalence, or assumes
they belong to the past. Continuous public education, awareness
raising and visibility of support services were identified as essential
to prevent backsliding. Underreporting is still an issue, and a
more accessible reporting mechanism is being explored.
44. A notable feature of the Maltese experience is the absence
of active opposition from the Catholic Church to the reforms. Several
factors contributed to this. The unsuccessful and polarising campaign
against divorce served as a cautionary precedent, motivating Church
leaders to avoid similar confrontations. Helena Dalli engaged both
archbishops (of Malta and of Gozo) in open and constructive dialogue
while the legislation was being prepared. Although the Church could
not endorse the reforms, it did not contest them. This stance was interpreted
by the public as tacit acceptance that the measures were compatible
with Catholic values. The LGBTI Christian group Drachma also played
a bridging role between civil society and Church leadership. Some of
my interlocutors found that statements by Pope Francis created an
atmosphere that made such reforms acceptable by Catholics.
45. Importantly, the Maltese legislation includes a ban on referring
people for conversion practices. This has prevented potential victims
from being sent abroad to circumvent the general ban.
46. According to some of the experts and the officials I met in
Valletta, despite the overall success of the legislative framework,
several challenges still persist. Professional training, they found,
remains insufficient: police officers, members of the judiciary,
teachers and healthcare staff require updated training to identify conversion
practices and respond appropriately. Cross-border loopholes need
to be addressed: individuals may be directed to practitioners abroad,
potentially undermining the effectiveness of the ban. Public communication
on the nature and harms of conversion practices must be strengthened
to ensure sustained societal awareness.
47. A step forward was taken in 2023 when the law was amended
to prohibit the advertising of conversion practices, following documented
examples of promoters using podcasts and online platforms to reach
potential victims.
48. The Maltese experience highlights several good practices that
could inspire other member States: a clear, concise legislation
developed in co-operation with experts and civil society, an effective
approach to consent, providing enhanced protection for vulnerable
groups, the open dialogue with religious institutions, which can
reduce opposition and foster social acceptance, and continuous awareness
raising, ensuring that legal progress translates into real protection.
7. Conclusions
49. There is a clear need to step
up action to prevent and address the harm caused by conversion practices. Member
States that have not yet taken measures in this field should adopt
legislation and policies to prohibit these practices and support
those who may be affected. Where such measures already exist, it
is important that they are implemented effectively.
50. Responding to this issue is not only a public health concern.
It also relates directly to the protection of human rights and fundamental
freedoms. Ensuring that people are safeguarded from practices that
can undermine their dignity and well-being is part of strengthening
the democratic fabric of our societies.
51. To introduce and support effective bans, better knowledge
of conversion practices is essential. Research and systematic data
collection should be promoted to clarify their prevalence, where
they occur, the forms they take, who provides them, and who is affected.
They should also conduct campaigns to raise awareness of the prevalence
of conversion practices and the harm they cause.
52. The belief that conversion practices no longer exist or occur
infrequently is still prevalent and this calls for more awareness-raising
activities.
53. The experience of countries that have taken early steps in
this area, such as Malta, offers valuable lessons. It highlights
both the core principles that can guide reforms and the potential
gaps or unintended consequences that legislators should seek to
avoid. The draft resolution provides concrete suggestions for policy
makers and legislators to better protect individuals – especially
children and young people – from the risks and harm associated with
conversion practices.
