‘Conversion Therapy’ As Degrading Treatment
Author(s) -
Ilias Trispiotis,
Craig Purshouse
Publication year - 2021
Publication title -
oxford journal of legal studies
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.497
H-Index - 29
eISSN - 1464-3820
pISSN - 0143-6503
DOI - 10.1093/ojls/gqab024
Subject(s) - dignity , principle of legality , human rights , convention , context (archaeology) , law , political science , state (computer science) , law and economics , human sexuality , sociology , biology , paleontology , algorithm , computer science
— 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.
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