The compatibility of sexual orientation change efforts with international human rights law

Abstract

Sexual orientation change efforts (SOCE) have been promoted aggressively under the belief that homosexuality is a curable disease. However, scientific research has shown that such practice can cause detrimental effects such as self-loathing, depression and even suicidal urges. It has also revealed that homosexuality is a mere variation of human sexuality and dispelled the myth that it is a ‘contagious disease’. This raises some concerns that the practice of SOCE could amount to human rights violations, and thus this article shall tackle the issue of whether such practice is compatible with international human rights law. Given that children have been identified as a group that is particularly vulnerable to SOCE, this article shall commence by scrutinising whether there is an obligation to ban SOCE for minors under the jurisprudence of the Convention on the Rights of the Child. This article shall then proceed to the question of whether a similar obligation is also applicable to SOCE for adults through the application of the right not to be subjected to torture or cruel, inhuman or degrading treatment.