‘Conversion Therapy’ As Degrading Treatment

Ilias Trispiotis and Craig Purshouse

Oxford Journal of Legal Studies, 2022, vol. 42, issue 1, 104-132

Abstract: —This article responds to the widespread uncertainty in UK and international human rights law over the legality of ‘conversion therapy’, a set of practices that aim to eradicate LGBTIQ+ sexualities and gender identities. The article pursues two main arguments. First, it is argued that all forms of ‘conversion therapy’ are disrespectful of the equal moral value of LGBTIQ+ people and violate specific protected areas of liberty and equality that are inherent in the idea of human dignity. Secondly, the article develops a theoretical account of degrading treatment under article 3 of the European Convention on Human Rights that illuminates the relationship between the prohibition of degrading treatment, human dignity and antidiscrimination. It is then argued that ‘conversion therapy’, in all its different forms, spawns the specific kind of degradation that UK and international human rights law prohibit. The article ends by analysing the positive state obligations that arise in this context.

Keywords: ‘conversion therapy’; sexual orientation; discrimination law; degrading treatment; article 3 ECHR; equality; human rights law (search for similar items in EconPapers)
Date: 2022
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Persistent link: https://EconPapers.repec.org/RePEc:oup:oxjlsj:v:42:y:2022:i:1:p:104-132.

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