Research and analysis

Appendix 3: Measures taken by country

Published 29 October 2021

1. Table 6: measures taken internationally (by country), as of June 2020

Country	Detail	Source
Albania	De facto ban since May 2020. Albania’s national psychological association banned its members from practising conversion therapy. As membership is required to practice in the country, this effectively bans conversion therapists among psychologists,	“Albania psychologists barred from conducting gay ‘conversion therapy’”. Reuters, 18 May 2020
Argentina	De facto ban since 2010. Mental health professionals have been regulated to prevent diagnoses exclusively on the basis of sexual orientation or gender identity	Right to the Protection of Mental Health Law 26,657, Article 3-C.
Australia	In 2016 in the state of Victoria, the Health Complaints Bill 2016 created a Health Complaints Commissioner with powers to take action against unethical medical treatment including some forms of conversion therapy. The law took effect in 2017. In 2019 the Victoria Premier announced that the state would ban conversion therapy.	Health Complaints Bill 2016.
Brazil	In 1999 Brazil was the first country to introduce a nationwide legal restriction of conversion therapy. The Federal Council of Psychology ordered that “psychologists will not collaborate with events and services that propose treatment and cure for homosexuality” or publicly “reinforce existing social prejudices towards homosexuals as having any psychic disorder”	Federal Council of Psychology, Resolution No. 1/99 (1999), article 3, Federal Council of Psychology, Resolution No. 1/18 (2018).
Canada	3 Canadian provinces (Ontario, Nova Scotia and Prince Edward Island) have banned conversion therapy. The cities of Vancouver, Edmonton and Calgary have also passed bylaws. A federal bill and a bill in British Columbia are currently being considered.	Affirming Sexual Orientation and Gender Identity Act (2015), Section 1. Sexual Orientation and Gender Identity Protection Act (2018). Sexual Orientation and Gender Identity Protection in Health Care Act (2019). Motion on Conversion Therapy (2018). The City of Edmonton Bylaw 19061: Prohibited Businesses Bylaw (2019). Allen, M. “City of Calgary votes to ban conversion therapy”, The Globe and Mail, 25 May 2020.
Chile	Amendment of existing legislation. In May 2019, a bill was introduced to amend the law on domestic violence (Law No. 20,066) and anti-discrimination law (Law 20,069). Amendments to the former would establish that any acts by legal guardians aimed at changing a child’s sexual orientation or gender identity would constitute domestic violence against a child and the latter amendment would list such acts by as “acts of arbitrary discrimination” and would allow any person to file a complaint in favour of the child.	Bulletin N ° 12660-18, Draft Law: Modifies Law N ° 20.066, and Law N ° 20.609,
China	Successful litigation. In 2014 a Beijing court ruled in favour of a gay man in a case against a clinic that practiced hypnosis and electric shock conversion therapy. In 2016 a man from Henan Province sued a hospital for forcing him to undergo conversion therapy and was awarded an apology and compensation.	“Victory for plaintiff in gay conversion case”, China Daily, 19 December 2014. Phillips T, “Gay man sues Chinese psychiatric hospital over ‘sexuality correction’”, The Guardian, 14 June 2016.
Ecuador	Nationwide legal restrictions. In 2012 a Ministerial Agreement prohibited conversion therapy in certain institutions. In 2014 an amendment to the Ecuadorian Penal Code outlined aggravating circumstances for the crime of torture when it is perpetrated in order to change a person’s sexual orientation or gender identity. This was as a result of heinous acts of mistreatment coming to light in Ecuador.	Ministerio de Salud Pública (Ecuador), Acuerdo Ministerial No. 767 (2012), Comprehensive Organic Penal Code, Article 151(3).
France	The Law Commission of the French National Assembly has set up a fact-finding mission with a view to introducing a bill to create a specific offense within the criminal code aimed at punishing “conversion therapy”	“Flash fact-finding mission of the commission on laws on practices purporting to change the sexual orientation or identity of a person” Asemblé Nationale, December 2019.
Fiji	De facto ban. In 2010 the Mental Health Decree 2010 prohibited conversion therapy in the field of mental health. This only applies to health professionals.	Mental Health Decree 2010 (Decree No. 54 of 2010), Section 3(1)(d).
Germany	Nationwide ban. In 2020, Germany passed a bill that banned nationwide conversion therapy for minors and forbids advertising of conversion therapy. It also forbids conversion therapy for adults, if they undergo it by force, fraud or pressure.	Federal government bill: Bill on protection against conversion treatment (2019).
Ireland	Nationwide ban being considered. In 2018 the Prohibition of Conversion Therapies Bill 2018 passed second reading in Seanad Éireann (the upper house) and currently awaits a third reading and passage in the Dáil Éireann (the lower house).	Prohibition of Conversion Therapy Bill (2018).
Malta	Nationwide ban. In 2016 the Parliament of Malta approved the Affirmation of Sexual Orientation, Gender Identity and Gender Expression which banned conversion therapy. It was the first European country to ban conversion therapy and the most comprehensive when introduced.	The Affirmation of Sexual Orientation, Gender Identity and Gender Expression Act. Act No. LV (2016).
Mexico	Mexico is currently considering a bill that would outlaw conversion therapy at a federal level. There are also sub-national bills under consideration in Mexico City and the State of Jalisco	Parliamentary Gazette No. 27 (Tome II), 8 August 2018, page 514
Nauru	De facto ban. In 2016 the Mentally Disordered Persons Act was amended to prevent mental health professionals from diagnosing people as mentally disordered exclusively on the basis of sexual orientation.	Mentally Disordered Persons Act (as amended in 2016), Section 4A(1)(d).
Netherlands	In 2012 the Dutch Health Minister announced that healthcare insurance coverage did not need to cover conversion therapies as homosexuality was not a psychiatric diagnosis.	“End of reimbursement for conversion therapy seems to be in sight” COC Netherland, 3 May 2012.
New Zealand	In 2018 the New Zealand Justice Minister announced a ban on conversion therapy would be considered as part of a review of the Human Rights Act 1993. A bill to prohibit conversion therapy was then introduced to Parliament in October 2018.	Prohibition of Conversion Therapy Bill (2018).
Poland	The Nowoczesna party and Campaign Against Homophobia have drafted a bill that would ban conversion therapy if passed.	“Poland with the new act banning the use of conversion pseudo therapies on the LGBT people”, Kampania Przeciw Homofobii. 22 February 2019
Samoa	De facto ban. In 2007 the Mental Health Act 2007 prohibited conversion therapy in the field of mental health. This ban only applies to registered health professionals.	Mental Health Act (2007), Section 2.
Spain	Sub-national bans. 5 regions of Spain have banned conversion therapy including Madrid, Murcia, Andalucía, Aragón and Valencia. With the exception of Murcia, all bans appear broad in scope. The bans in force in Madrid, Andalucía, Aragón and Valencia (together with the one in the Canadian city of Edmonton) are the most comprehensive bans introduced thus far applying to any conversion therapy intervention (including religious counselling) without qualifying providers or recipients. Spain is now looking to introduce a national bill that would outlaw conversion therapy at the national level.	Law No. 3/2016 Comprehensive Protection against LGTBIphobia and Discrimination for Reason of Orientation and Sexual Identity in the community of Madrid, article 3 (o).Law No. 8/2017 To guarantee the rights, equal treatment and non-discrimination of LGTBI people and their relatives in Andalusia, article 3 (o). Law No. 23/2018 Equality of LGBTI people. Law No. 18/2018, Equality and comprehensive protection against discrimination on sexual orientation, expression and gender identity in the Autonomous Community of Aragon article 4(4). Law No 8/2016, Lesbian, gay, bisexual, transgender, and intersex social equality, and policy equality actions against discrimination on sexual orientation and gender identity in the Autonomous Community of Murcia.
Switzerland	De Facto ban. In 2016 the Swiss Federal Council issued a statement that in their view the monitoring of psychotherapy was the responsibility of the supervisory body under the existing Psychology Professions Act, that conversion therapies constitute a violation of professional duties and that the supervisory authority may impose disciplinary measures up to and including the prohibition to practice. They further stated that the courts should decide on a case-by-case basis whether performing such therapy is a crime.	Interpellation: Prohibition and Punishability of Therapies to “Treat” Homosexuality in Minors (2016).
Taiwan	De facto ban. In 2018 the Ministry of Health and Welfare issued a letter to all local health authorities stating that sexual orientation conversion therapies are not regarded as legitimate healthcare and that performing such therapies were an infringement of human rights liable to prosecution under the Criminal Code or the Protection of Children and Youths Welfare and Rights Act depending on the circumstances. Prior to this the Taiwanese Government were considering codifying a ban under the Physicians Act and Psychologists Act which would have introduced severe fines and short-term license suspensions.	Ministry of Health and Welfare (Department of Medical Affairs), “Responses to the complaint submitted by civil organizations concerning “conversion therapy”, Yi-Zih No. 1071660970, 22 February 2018
UK	In the Isle of Man (a self-governing British crown dependency) a new provision has been added to the Sexual Offences and Obscene Publications Bill (2019), which has now completed the clauses stage. Clause 88 would make it an offence for a person to practice, or to offer to practice conversion therapy. Conversion therapy is defined as being “any form of therapy which demonstrates an assumption that any sexual orientation or gender identity is inherently preferable to any other and which attempts to change a person’s sexual orientation or gender identity or suppress a person’s expression of sexual orientation or gender identity” The UK Government has committed to exploring legislative and non-legislative options for ending so called ‘conversion therapy’ and are currently examining the best ways to end the practice.	Sexual Offences and Obscene Publications Bill 2019 The Government Equalities Office LGBT Action Plan 2018
USA	Sub-national bans. As of June 2020, 20 states and 2 districts (District of Columbia and Puerto Rico) have bans against conversion therapy. Most have a relatively limited scope, applying only to licensed professionals (as providers) and minors (as recipients). 2 bills are being considered at a federal level. One would make advertising conversion therapy a deceptive practice under the Federal Trade Commission Act. The other would ban the use of Medicaid funding to cover conversion therapy.	‘Virginia becomes 20th state to ban conversion therapy for minors’, NBC News, 3 March 2020. HB 386 Conversion therapy, prohibited by certain health care providers. See ILGA (2020) for list of laws in the other 19 states and 2 districts
Uruguay	In 2017 the Mental Health Law states that no mental health diagnosis can be made on the exclusive basis of sexual orientation and gender identity.	Mental Health Law (2017), Article 4.