Criminalising ‘Conversion Therapy’

An increasing number of jurisdictions have introduced legal bans on so-called ‘conversion therapy’ practices. Yet significant uncertainty and disagreement persist among legal scholars, policymakers and advocates about whether criminal law is an appropriate tool in this area and, if so, how it should be used. This article addresses that pressing question by examining whether criminalisation is justified, what risks it poses to the rights of LGBT+ people and others, and how those risks can be mitigated. Drawing on analogies with existing criminal offences and a comparative analysis of legislative models from several jurisdictions, it argues that a carefully designed criminal ban can be a legitimate and proportionate response to the serious harms caused by ‘conversion therapy’. The article develops an original, evidence-based framework that clarifies how such bans should be formulated in law and integrated with complementary non-criminal measures, and what broader lessons this holds for the place of criminal law in advancing human rights.