Brussels Calls for Veto on LGBT Conversion Therapies
On May 12, 2023, the European Commission (EC) made a significant announcement regarding the prohibition of conversion therapies aimed at the LGTBIQ+ community. President Ursula von der Leyen declared that while the EC would recommend EU member states to outlaw these detrimental practices, it would not pursue binding legislation, despite strong public support evidenced by a citizen initiative that garnered over one million signatures.
The Nature of Conversion Therapies
Conversion therapies, often touted as methods to change an individual’s sexual orientation or gender identity, have been universally condemned by medical and psychological experts. The European Commission characterized these interventions as “deeply harmful,” asserting that they are rooted in the false premise that LGTBIQ+ individuals are unwell and in need of “curing.” The practices may include a range of abusive methods, such as coercion, forced medication, and even electric shocks. The EC’s stance makes it clear that such interventions lack any therapeutic merit.
EU’s Approach: Non-Binding Recommendations
As it stands, the recommendation from Brussels will engage member states in dialogue to share best practices, especially with those countries that have already enacted similar bans—Spain being among those with robust prohibitions against conversion therapies. The EC plans to publish a comprehensive non-binding recommendation by early 2027.
Despite recognizing the serious issues posed by conversion practices, the Commission opted to refrain from pursuing legislative options, such as amending existing directives or expanding the list of “Eurocrimes.” This decision stems from the inherently complex landscape of EU health legislation, which primarily falls under the jurisdiction of individual member states.
Challenges to Binding Legislation
European Commissioner for Equality, Hadja Lahbib, emphasized the limitations of the EU’s legislative authority in this domain. The requirement for unanimous consent from all member states creates substantial barriers to any binding action. Lahbib noted that while a new proposal could be introduced if conversion practices are deemed discriminatory under EU law, the complexities and challenges involved make such an approach unlikely to be effective.
The Legislative Landscape
The lack of binding legislation reflects a broader trend in EU politics, where health and sanitation regulations primarily reside within the purview of member states. This has been evident in previous cases, such as the failed initiative to establish a fund to assist women in exercising their right to abortion.
Positive Steps, Yet Insufficient
Despite these setbacks, the EC’s recommendation has been received as a “step in the right direction,” albeit a cautious one. MEP Mélissa Camara, part of the LGBTQIA+ intergroup in the European Parliament, expressed that while the recommendation is positive, it falls short in addressing the deep trauma caused by conversion therapies.
Conclusion: The Future of LGTBIQ+ Advocacy in the EU
While Brussels has taken a public stand against conversion therapies, the lack of binding legislation highlights the complexities of enforcing change at a governmental level. As awareness grows and more member states consider the implications of these practices, ongoing dialogue and cooperation may pave the way for meaningful action in the future. For now, the responsibility remains largely in the hands of individual member states, as the struggle for LGBT rights continues across Europe.