Closing the gaps: protecting LGBTQI+ rights and ending conversion practices in Scotland
Scottish Government to target marginalisation and protect human rights – which must always include LGBTQI+ rights
Nobody should be subjected to harmful acts based on who they are or who they love, yet that is exactly what survivors of these practices have told us is still happening in Scotland. People with that lived experience have shared their heart-breaking stories directly with the Scottish Government, through our Expert Advisory Group, and to the Scottish Parliament’s Equalities Committee, and we know from the UK National LGBT Survey that many more report being subject to, or offered, conversion practices.
That is why we are proposing legislation that protects people from the harm of conversion practices- contributing to the broader protection of human rights and respect for the dignity of LGBTQI+ people.
Something I have often heard when explaining what I’m working on is “I thought that was already illegal?”.
I understand that reaction, and I am sure many assume that the coercive, harmful practices that we often hear as examples of conversion practices must surely be covered by existing criminal law. Sadly, there are gaps – and it’s those gaps we are trying to close.
Behaviours similar to those that the Domestic Abuse (Scotland) Act put an end to are not covered unless they are carried out by a partner or ex-partner. Our proposals extend that protection to all.
Many formal acts that aim to change or suppress someone’s sexual orientation or gender identity might seem like something which should be covered by threatening or abusive behaviour legislation, but that is not always the case.
I and the wider Scottish Government will continue to engage with the LGBTQI+ community throughout the bill’s progress to ensure that proposals are reflective of specific needs, and capture as many of the acts that have caused harm to Scottish people as possible.
Consultation is a vital part of the legislative process, and I’m very grateful to all those organisations and individuals who have already responded, and encouraged others to respond, to our consultation.
The Scottish Government’s commitment to protect and support the LGBTQI+ community remains strong, and we know that is more important than ever when the community faces particularly difficult times.
As much as I know that we and our valued third sector partners went into the debate on our proposals with our eyes wide open, knowing that there is rising homophobia and transphobia, and being aware that it would be a difficult conversation for many victims to hear, I know it is still so hard for those worst affected by these practices. Traumatic memories are being reawakened, and survivors even targeted with campaigns of disbelief.
I encourage everyone who has been impacted by, or believes they are at risk of, conversion practices to make use of LGBT Health and Wellbeing’s helpline, which we have funded to run during this process. It is vital that we stand together and support each other through this period and ensure that we come out the other side with a stronger community with strengthened rights alongside.