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Welcome to the
Student Legal Blog

.Read articles written by students from the University of Hong Kong on LGBT+ rights recognition and development in Hong Kong, sharing their opinions and endeavor to the elimination of social injustice.

Conversion therapy—where does it stand in modern society?

31/10/2021

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John Tseung

Author John Tseung is a law student at HKU enrolled in the BA (Literary Studies) & LLB programme.

Homosexuality is still considered a taboo in various parts of the world. Even in countries where same-sex marriage is legalised, studies have shown that hate crime against the LGBT+ community is prevalent and constantly on the rise.[1] LGBT+individuals in fear of rejection from society may actively conceal or go into denial about their sexuality. There are claims that homosexuality is a mental disorder and thus can be cured, though this view has long been rebutted and strongly criticised by professionals institutions such as the American Psychiatric Association and the British Psychological Society. In fact, it was declared that homosexuality is not an illness as early as 1973. [2]

Controversy over conversion therapy

One unorthodox means of trying to alter one’s sexual orientation is known as conversion therapy. Practitioners of conversion therapy typically employ psychological, spiritual, or even physical interventions in an attempt to withdraw individuals from homosexuality. 

One physical technique used in conversion therapy is behaviour modification. With the purpose of inciting aversion to same-sex attraction, a person is given electric shock at the left forearm while provocative same-sex photographs are displayed. The electric current is then removed when photographs of the opposite sex are shown.[3] Other similar techniques include forced nausea at same-sex imageries using drugs. 

In other cases, medical practices such as treatments with hormones or steroids are undertaken. In faith-based therapies, participants are assigned a “spiritual advisor”, who expounds anti-gay religious beliefs and carries out procedures including food deprivation and exorcism.[4] Peer pressure is also widely adopted by various providers of conversion therapy, with past “successful” participants sharing their painful experience of “recovery”.

Various human-rights and scientific agencies have censured the practice of conversion therapy. The British Psychological Society maintained that homosexuality is not a mental disorder, and hence “does not require any therapeutic interventions to change them”.[5] Conversion therapy has also been described as outright torture, since it causes “severe physical and psychological suffering to its victims”.[6] On the other hand, it has been argued that a motion to ban conversion therapy undermines individual freedom, since there are participants who “genuinely desire to pursue counseling”.[7]

Differing stances towards conversion therapy

Despite growing concerns over the legitimacy of conversion therapy, responses from different jurisdictions remain mixed. Germany passed a law in 2020 that aims to stop the provision of conversion therapy to those under the age of 18. In 2018, the Taiwanese Ministry of Health and Welfare issued a similar ban, stating that sexual orientation conversation is not a legitimate medical practice. The use of conversion therapy on minors is banned in 20 states across the United States and a legal challenge on the California ban claiming the restriction violates religious rights was rejected by the Supreme Court in 2016. 

The rationale behind the apparent reluctance to ban conversion therapy in some countries relates to the provision of legitimate counselling services on sexualities. Although the Minister for Equalities stated that the government is “committed to ending conversion therapy” in a parliamentary debate on 8 March 2021, which was called by MPs across the political spectrum, she added that the UK government “does not intend to stop those who wish to seek spiritual counselling”. The UK government pledged to effect a ban only after the resignation of three LGBT+ policy advisers in protest of its lukewarm response to banning conversion therapy.

Conversion therapy in Hong Kong

There is not much information about the extent to which conversion therapy is practised in Hong Kong, though services of the similar kind are being offered. A local Christian group “New Creation” provides counselling for homosexual individuals and their families, but the nature of the services has sparked considerable backfire. A protest was organised in 2011 when the then-leader of New Creation, Dr. Hong Kwai Wah, was invited by the Social Welfare Department to conduct a workshop on “guiding” gay teenagers. The group issued a statement in response, denying allegations of providing “reparative or conversion therapy”. In the same statement, it was also expressed that the mission of the group is to provide guidance to those who wish to “exit from homosexuality”, and that such exit can exist in forms other than converting one’s sexuality, such as developing other “friend or kinship relations, or trying heterosexuality”.[8]

A local reporter went undercover and attended several meetings organised by New Creation in 2016. Homosexuality was defined as a “sin” in a group discussion and it was mentioned that homosexual relationships tend to be adulterous. The presenter also proclaimed that some participants developed interest in the opposite sex and eventually entered into marriage.[9] It would appear that the distinction between the conventional modes of conversion therapy and counselling services targeted to persons troubled by their sexual orientation is sometimes hard to draw.

Conclusion

The phrase “gay conversion therapy” is an apparent misnomer, since homosexuality is not an illness nor a disorder, which require therapeutic treatment. Conversion therapy is, on many occasions, sugarcoated abuse, adopting techniques that are analogous to torture. It is believed that a total ban on activities of similar nature is required to protect the LGBT+ community and their wellbeing. Although it is understandable that people troubled by their sexual orientation may wish to seek psychiatric counsel, the primary aim of these services should be directed at learning to accept one’s sexuality, rather than rejecting or altering it.

Summary:
This article serves as a brief overview of conversion therapy, which is a procedure that purports to have the effect of changing one’s sexual orientation. Experts and public health institutions have criticised such practice, expressing doubts and concerns over its damage to participants’ physical and mental wellbeing. Some jurisdictions have already imposed bans on the provision of conversion therapy, particularly on minors. A local example of what may be considered “sexual orientation counselling” is also discussed.

Reference
​

[1] ODIHR: Hate Crime Reporting. (2021). Retrieved March 14, 2021, from http://hatecrime.osce.org/
[2]Turner, A. (2017, December 15). #FlashbackFriday -- Today in 1973, the APA Removed Homosexuality from List of Mental Illnesses. Human Rights Campaign. Retrieved March 14, 2021, from https://www.hrc.org/news/flashbackfriday-today-in-1973-the-apa-removed-homosexuality-from-list-of-me
[3] Pradhan, P. V., Ayyar, K. S., & Bagadia, V. N. (1982). Homosexuality: treatment by behaviour modification. Indian journal of psychiatry, 24(1), 80–83.
[4] Report of the Independent Expert on Protection against Violence and Discrimination based on Sexual Orientation and Gender Identity (Rep.). (2020). Retrieved https://undocs.org/A/HRC/44/53
[5] British Psychological Society. (2018, December). Therapies Attempting to Change Sexual Orientation [Position Statement]. Retrieved March 14, 2021, from https://www.bps.org.uk/sites/www.bps.org.uk/files/Policy/Policy%20-%20Files/BPS%20Positions%20Statement%20on%20Therapies%20Attempting%20to%20Change%20Sexual%20Orientation%20%282013%29.pdf
[6] International Rehabilitation Council for Torture Victims. (2020, April 23). Conversion Therapy is Torture [Press release]. Retrieved March 14, 2021, from https://irct.org/media-and-resources/latest-news/article/1027
[7] Burke, M. (2018, November 21). Hollywood’s One-Sided Narrative on "Conversion Therapy". The Heritage Foundation. Retrieved March 14, 2021, from https://www.heritage.org/gender/commentary/hollywoods-one-sided-narrative-conversion-therapy
[8] New Creation. (2011, June 23). 新造的人協會澄清啟示 [Position Statement]. Retrieved March 14, 2021, from https://www.truth-light.org.hk/nt/article/新造的人協會澄清啟示
[9] 拗直同志(上) 親身經歷「新造的人協會」的「導向」. (2016, May 12). 立場新聞. Retrieved March 15, 2021, from https://www.thestandnews.com/lgbtq/拗直同志-上-親身經歷-新造的人協會-的-導向/

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