Conversion Therapy and its Compatibility with European Human Rights Law

Abstract

Conversion therapy, which refers to a set of practices that aim to change or suppress the sexual orientation or gender identity of LGBTI people, causes harm to young European citizens. Notwithstanding, only three of 44 sovereign states in Europe have banned the practices. Moreover, the European organisations - the Council of Europe and European Union - have not taken sufficient action, although they have certain competences to adopt legislation in the field of LGBTI rights. In the absence of explicit legislation on conversion therapy, the article principally examines conversion therapy under European human rights law. More specifically, the article seeks to answer whether conversion therapy violates the individual rights of recipients and if individual rights grant providers a right to perform the practices under European human rights law. By extension, the article scrutinises whether a domestic ban on conversion therapy in European states can be justified considering the interests of states and providers. Finally, the article encompasses a normative assessment on the future regulation of conversion therapy in Europe.