Trispiotis, I orcid.org/0000-0002-7458-9896 and Purshouse, C (2022) 'Conversion Therapy' as Degrading Treatment. Oxford Journal of Legal Studies, 42 (1). pp. 104-132. ISSN 0143-6503
Abstract
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.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © The Author(s) 2021. Published by Oxford University Press. This is an Open Access article distributed under the terms of the Creative Commons Attribution License (https://creativecommons.org/licenses/by/4.0/), which permits unrestricted reuse, distribution, and reproduction in any medium, provided the original work is properly cited. |
Keywords: | ‘conversion therapy’, sexual orientation, discrimination law, degrading treatment, article 3 ECHR, equality, human rights law. |
Dates: |
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Institution: | The University of Leeds |
Academic Units: | The University of Leeds > Faculty of Education, Social Sciences and Law (Leeds) > School of Law (Leeds) |
Depositing User: | Symplectic Publications |
Date Deposited: | 27 May 2021 14:27 |
Last Modified: | 25 Jun 2023 22:40 |
Status: | Published |
Publisher: | Oxford University Press |
Identification Number: | 10.1093/ojls/gqab024 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:174654 |