»Omvendelsesterapi« rettet mod unge LGBT+-personer – en ny nordisk forbrydelse?

Abstract

AbstractThis article investigates recent legal developments regarding the practice of so-called »LGBT+ conversion therapy«. It analyses what positive obligations the Nordic states bear to protect LGBT+ youth against practices of ‘conversion treatments’ under international and regional human rights law. It then goes on to consider the challenges of criminalizing ‘conversion therapy’ and reviews the new Norwegian draft law proposal on its criminalization. The article concludes that the rather limited Nordic debate on the issue has been narrowly focused on balancing the right to privacy against the right to religious freedom. Furthermore, it has failed to pay sufficient attention to the positive obligations states have to protect the dignity of vulnerable groups against degrading and cruel treatment. Finally, the article discusses how measures outside of the criminal law can be used to protect LGBT+ youth against practices like ‘continuing none-acceptance’ that do not fall within the scope of actual ‘conversion therapy’, but which can still cause long-term harm. The article argues that non-acceptance of a child’s sexuality or gender identity might amount to a breach of the parental guardian’s duty of care.