Govt publishes draft legislation to ban conversion therapy

Any attempt to change, modify or supress a person’s sexual orientation or gender identity will be banned under draft legislation published by the Gibraltar Government.

A Bill published last week and yet to be debated in Parliament will make it an offence to provide or offer so-called conversion therapy in Gibraltar.

Conversion therapy is defined in the Bill as “… any form of therapy which demonstrates an assumption that any sexual orientation or gender identity is inherently preferable to any other and which has the predetermined purpose of attempting to change a person’s sexual orientation or gender identity.”

The ban does not include therapy that relates to a person’s gender transition or their exploration of sexual orientation or identity.

“It would not criminalise conversations in which a person expresses an opinion on sexual orientation or gender identity unless it forms part of therapy which demonstrates an assumption that any sexual orientation or gender identity is inherently preferable and has the predetermined purpose of attempting to change a person’s sexual orientation or gender identity,” the Bill’s explanatory memorandum states.

If approved by Parliament, Gibraltar will join a growing number of countries and territories around the world with bans on conversion therapy.

Conversion therapy is not yet illegal in the UK, though the matter has been under intense political and social scrutiny for some years.

Plans for a comprehensive national ban are currently underway, with legislation set to be introduced by the Labour government to make conversion therapy illegal for all sexual orientations and gender identities in England and Wales. The devolved Scottish and Northern Irish parliaments are working towards similar bans.

Multiple healthcare organisations in the UK including the NHS, the British Psychological Society and the Royal College of Psychiatrists among many others have signed a memorandum stating that conversion therapy is “unethical, potentially harmful and is not supported by evidence”.