Legal measures banning conversion therapy
BELGIUM
In July 2023, the Belgian Chamber of Representatives adopted an amendment to the Criminal Code that criminalises LGBT+ conversion practices at the federal level. The law covers both minors and adults and imposes a fine or a prison sentence up to two years for perpetrators.
Brazil
In 1999, the Brazilian Federal Council of Psychology issued a resolution prohibiting licensed psychologists from offering ‘gay cure’ services. Following both legislative and judicial attempts to repeal the resolution, the Federal Supreme Court published a final ruling in 2020 affirming the ban in law.
Canada
A federal legislative ban on conversion therapy entered into effect in January 2022 after approval from both houses of the Canadian Parliament. The ban prevents conversion therapy being practiced on any Canadian, regardless of age, and criminalises those who attempt to take minors out of the country for the purposes of conversion therapy.
Some sub-national bills preceded the federal ban. A 2015 bill amending health provisions in Ontario, known as Bill 77, prohibited conversion therapies being carried out on minors and forbid public funding of conversion practices through health insurance plans. The bill was used as a template for the Sexual Orientation and Gender Identity Protection Act in Nova Scotia (2018), the Sexual Orientation and Gender Identity Protection in Health Care Act in Prince Edward Island (2019), and the Sexual Orientation and Gender Identity Protection Act in Yukon (2020).
CYPRUS
In May 2023 the Parliament of Cyprus voted to add a new provision to the Penal Code making conversion therapy a criminal offence. The ban covers all ages with no exemption for perceived ‘consent’, but does allow for ‘exploratory’ discussion and advice on sexual identity in religious and clinical settings.
Ecuador
Article 151(3) of Ecuador’s Penal Code (2014) criminalises any act of torture carried out with the intention of trying to change somebody’s sexual orientation.
France
In December 2021, both houses of the French Parliament agreed on the final text of a bill to ban conversion therapy without exemptions, with perpetrators subject to a fine and imprisonment with harsher penalties for those found to have practiced conversion therapy on minors. The law entered effect in January 2022 and covers mainland France as well as overseas regions and departments, including French Guiana, Guadeloupe, Martinique and Réunion.
Germany
The Law on Protection against Conversion Treatments, passed in 2020, makes it a criminal offence to perform conversion therapies on people under 18 years of age and on adults under coercion or lacking the ability to consent. Those performing conversion practices can be punished with a year in prison and fined.
Following the 2021 federal election, the new coalition government in Germany has indicated that it will extend the ban to protect all Germans regardless of age.
GREECE
An amendment to the Health For All Act, passed by the Hellenic Parliament in 2022, bans conversion therapies on people under 18 years of age and on non-consenting adults. The ban applies to psychologists and medical professionals and also prohibits any advertising of services that offer conversion practices. Those found in breach of the law face fines and a prison term.
Iceland
The General Criminal Law (Suppression Therapy) amendment to the Icelandic Penal Code was passed unanimously in June 2023. The law bans conversion therapy for both children and adults and carries a maximum penalty of 3 years imprisonment.
Malta
The Affirmation of Sexual Orientation, Gender Identity and Gender Expression Act, passed in 2016, makes the performance of conversion therapy a criminal offence in both professional and non-professional settings. Those found guilty under the provisions of the act can be punished with up to a year in prison and are liable to a fine.
Mexico
Article 209 of the Federal Penal Code and Article 465 of the General Health Law received final approval from the Mexican Congress in April 2024, instituting a federal ban on conversion practices. The ban protects both sexual orientation and gender identity and carries a criminal penalty of 2-6 years in prison and a fine, doubling if the conversion practice targeted under 18s or vulnerable adults.
Before the federal ban, numerous states had introduced their own protections. In 2020, the Congress of Mexico City voted to amend the jurisdiction’s Penal Code to make conversion therapy, performed on both minors and adults, punishable with at least two years in prison. Similar legislation followed in the State of Mexico (2020), Baja California Sur (2021), Yucatán (2021), Zacatecas (2021), Colima (2021), Tlaxcala (2021), Oaxaca (2021), Jalisco (2022), Baja California (2022), Puebla (2022), Hidalgo (2022), Sonora (2022), Nuevo León (2022), Querétaro (2023), Sinaloa (2023), Morelos (2023), and Quintana Roo (2023).
NEW ZEALAND
The Conversion Practices Prohibition Legislation was passed in February 2022. The law covers both medical and religious settings, protects all citizens regardless of age or perceived consent, and includes harsher criminal penalties - including fines and imprisonment - for those found to have performed a conversion practice that causes serious harm or those found to have performed a conversion practice on a minor.
Norway
Amendments to the Criminal Code were proposed in 2022 and passed by the Norwegian parliament in 2023. Effective from January 2024, Act 113 prohibits all forms of conversion therapy in all settings.
PORTUGAL
An amendment to the Penal Code, enacted as Law 15/2024, was approved by the Portuguese parliament in December 2023 and came into effect in March 2024. The law bans conversion therapy for sexual orientation and gender identity and provides for prison sentences of three to five years depending on the severity of the case.
Spain
A national ban on conversion practices was approved by both chambers of parliament in February 2023. The ban protects all LGBT+ people regardless of ‘consent’, and was included as part of a comprehensive LGBTI rights bill, Law 4/2023.
Before the national law was passed, several autonomous communities had approved local bans. Law 3/2016 in Madrid identifies conversion therapy as a “very serious administrative offence” punishable with a fine. Law 8/2017 in Andalusia and Law 18/2018 in Aragon follow this template. Law 8/2016 in Murcia explicitly forbids healthcare providers from performing conversion therapy. Law 23/2018 in Valencia prohibits the practice of conversion therapies on all people, with the promotion, dissemination and performance of conversion therapy constituting a “very serious administrative offence”. Law 2/2021 in the Canary Islands prohibits conversion therapy regardless of perceived consent.
Countries with bans in sub-national jurisdictions
Australia
In 2020, the Australian Capital Territory passed the Sexuality and Gender Identity Conversion Practices Bill, which criminalises attempts to change a person’s sexuality or gender identity in both healthcare settings and religious settings. The Health Legislation Amendment Bill was also passed in Queensland in 2020, which prohibits healthcare professionals from offering conversion therapies and punishes practitioners with up to 18 months in prison. Passed in 2021, the Change or Suppression (Conversion) Practices Prohibition Bill in Victoria criminalises all conversion therapies in all settings for both minors and adults. New South Wales passed the Conversion Practices Ban Bill in 2024 and it will enter into effect in 2025.
Bans are under consideration in Tasmania and Western Australia.
Switzerland
In response to a 2016 request to prohibit conversion therapy on minors, the Swiss Federal Council assessed that existing laws are sufficient in punishing any care professional that treats homosexuality as an illness, and any professional offering conversion therapies is liable to sanctions and potential criminal charges to be determined by the courts.
Concerns have been raised that Switzerland could be used as a ‘safe haven’ for conversion therapy practitioners due to the lack of an explicit legislative ban, which exists in neighbouring France and Germany. The government has pledged to take up the issue and a motion will be considered by lawmakers.
In May 2023, Neuchâtel became the first canton to introduce an explicit sub-national ban.
United States
In order of enactment, the following states ban medical professionals from offering and performing conversion therapy on minors:
Senate Bill No. 1172 in California (2012); Assembly Bill 3371 in New Jersey (2013); House Bill No. 2307 in Oregon (2015); Public Act 099-0411 in Illinois (2015); Act 138 in Vermont (2016); State Bill 121 in New Mexico (2017); Public Act No. 17-5 in Connecticut (2017); Senate Bill No. 201 in Nevada (2017); H 5277 in Rhode Island (2017); Senate Bill No. 5722 in Washington (2018); Senate Bill 1028 in Maryland (2018); Senate Bill No. 270 in Hawaii (2018); House Bill 587-FN in New Hampshire (2018); Senate Bill No. 65 in Delaware (2018); Assembly Bill A576 in New York (2019); Bill H.140 in Massachusetts (2019); LD 1025 in Maine (2019); House Bill No. 19-1129 in Colorado (2019); an executive order in Utah (2020), codified in 2023 by House Bill No. 228; House Bill No. 386 in Virginia (2020); an executive order in Minnesota (2021), codified by House File 16 in 2023; and an executive order in Michigan (2021), codified by House Bill 4617 in 2023.
North Carolina (2019), Wisconsin (2021), Pennsylvania (2022) and Arizona (2023) have executive orders prohibiting the use of state funds on healthcare providers offering conversion therapy.
Several states have legislation currently pending. Since 2019, the District of Columbia is the only US territory to include non-consenting adults in a conversion therapy ban. An executive order in Puerto Rico, signed in 2019, bans conversion therapy for minors.
Many smaller jurisdictions, including cities, counties and municipalities, have ordinances that ban conversion therapy locally.
Indirect prohibition but no explicit legislative ban
Albania
In 2020, Albania’s Order of Psychologists prohibited its members from offering conversion therapy. In practice this means all health professionals are banned from offering conversion therapies, as all registered therapists must be a member of the Order of Psychologists.
Argentina
Argentina’s Law on Mental Health, passed in 2010, says that a person cannot receive a mental health diagnosis exclusively based on their ‘sexual choice or identity’. In practice this prevents health professionals from engaging in conversion therapies.
Chile
In March 2023 the Ministry of Health issued Circular B2 No. 6 prohibiting both public and private medical practitioners from providing conversion therapy. The directive also acknowledges that a mental health diagnosis cannot be made on the basis of sexual orientation or gender identity.
A legislative ban was approved by the Chilean Senate in August 2021 and is awaiting approval from the Chamber of Deputies.
Fiji
A provision in Fiji’s Mental Health Act, passed in 2010, says that a person cannot be considered mentally ill if they express or refuse to express a particular sexual preference or orientation.
India
A submission by the National Medical Commission to the Madras High Court clarified that any licensed medical professional in India found to be engaged in conversion therapy is liable to be prosecuted for professional misconduct.
Although there is no national legislation, a 2021 court order issued by a justice of the Madras High Court banned conversion therapies, specifically outlawing “attempts to medically cure or change the sexual orientation of LGBTQIA+ people to heterosexual or the gender identity of transgender people to cisgender”.
Israel
The Israeli Ministry of Health issued a circular in February 2022 announcing that medical professionals are prohibited from offering, advertising or conducting ‘conversion therapies’. Those found to be in breach of the directive face punitive measures. The directive does not cover conversion practices in religious settings.
The executive order has not been codified by legislators. A bill to ban conversion therapy was given initial approval by the Knesset in 2020, but has not progressed.
Nauru
An amendment in 2016 to Nauru’s Mentally Disordered Persons Act provides that a person cannot be considered mentally ill if they express or refuse to express a particular sexual preference or orientation.
PARAGUAY
An amendment to the Mental Health Law (Ley No. 7018), passed in 2022, prohibits a mental health diagnosis on the exclusive basis of ‘sexual choice or identity’.
Samoa
Samoa’s Mental Health Act, passed in 2007, provides that a person cannot be considered mentally ill if they express or refuse to express a particular sexual preference or orientation.
Taiwan
In 2018, the Taiwanese Ministry of Health and Welfare issued a letter to all local health authorities assessing that individuals and organisations carrying out conversion therapies on minors are liable for an offence under the Children and Youth Welfare Act or the Criminal Code.
Uruguay
Uruguay’s Mental Health Law, passed in 2017, prohibits a mental health diagnosis on the exclusive basis of sexual orientation or gender identity. In practice this prevents health professionals from engaging in conversion therapies.
VIETNAM
In August 2022, Vietnam’s Ministry of Health published guidance to clarify that homosexuality and trans identities are not considered diseases to be cured, and that medical practitioners should not engage in coercive treatments that attempt to change somebody’s sexual orientation or gender identity.
Countries with pending legislation
COLOMBIA
A bill was presented to the Colombian Congress in May 2022 but fell following congressional elections. A new version of the bill has been reintroduced and as of March 2024 has passed in the House of Representatives pending approval from the Senate.
Ireland
A bill passed its second stage in the Irish Senate in 2018 but has not progressed following parliamentary elections in 2020.
The Irish Government has since announced that it is conducting research into the prevalence of conversion practices and will bring forward its own legislation, which is more likely to become law. In January 2024, the Government listed a conversion therapy ban as priority legislation for the year.
Netherlands
A bill was put before the Dutch parliament in February 2022 proposing criminal charges for those offering or conducting ‘conversion therapy’. The bill is sponsored by two parties from the governing coalition, and is supported by several opposition parties, giving it a majority in both chambers of parliament.
Previous motions put forward by the Dutch House of Representatives in 2019 and 2021 have called on the government to introduce a conversion therapy ban. Responding to the 2019 motion, the government conducted a study on the impact of conversion therapy and identified several organisations offering the practices.
Countries that have expressed an intention to legislate
Austria
A resolution calling for a ban on conversion therapy for minors and compelling the government to act was introduced to Parliament in 2018 and was supported by most of the major parties. As of 2024, the government is considering legislation but is yet to introduce it to parliament due to disagreements within the coalition parties over its content.
Finland
A citizens’ petition to ban conversion therapy was submitted to the Finnish Parliament in 2021, but was not considered before the 2023 general election. The initiative has since been resubmitted and will be considered by Parliament in the current term.
SWEDEN
Major parties from both sides of the Swedish Parliament have expressed support for an explicit ban on conversion therapy. A motion has been submitted to the Riksdag calling for parliamentary action.
United Kingdom
The UK government has concluded a consultation on its plans to ban conversion therapy but is yet to introduce legislation to parliament.
In 2022 the government initially sought to drop the legislation entirely, before reintroducing proposals that excluded trans people from protections. Following criticism and further consultation, the government announced that the conversion practices law would be trans-inclusive.
The anticipated bill was not included in the current government’s final legislative programme, meaning it us unlikely that a ban will materialise before the next general election in 2024.
Any ban passed by the UK Parliament will only apply to England & Wales. A proposed ban in Scotland is currently open for public consultation.