Brussels Considers Banning Conversion Therapies

The initiative has sparked concern among those who believe open dialogue and psychological support are important to explore complex emotions safely.

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A demonstrator waves a rainbow flag as activists protest outside the Cypriot parliament in Nicosia on May 25, 2023 over proposed amendments by the right-wing party Elam to a bill on the criminalisation of "gay conversion therapy."

A demonstrator waves a rainbow flag as activists protest outside the Cypriot parliament in Nicosia on May 25, 2023 over proposed amendments by the right-wing party Elam to a bill on the criminalisation of “gay conversion therapy.”

CHRISTINA ASSI / AFP

The initiative has sparked concern among those who believe open dialogue and psychological support are important to explore complex emotions safely.

The European Commission has confirmed that it will follow up on the European Citizens’ Initiative (ECI) calling for a ban throughout the Union on so-called conversion therapies, practices that seek to modify or suppress a person’s sexual orientation or gender identity.

The proposal, which gathered 1.25 million signatures, was the subject of a public hearing this Monday in the European Parliament, where it became clear that the legislative path will be long and controversial.

Currently, only eight member states have adopted specific bans: Malta was a pioneer in 2016, followed by Germany, France, Greece, Spain, Belgium, Portugal, and Cyprus. In other countries, such as the Netherlands, the parliamentary debate remains open.

However, health and family regulation continues to fall under national competence, which complicates any attempt at harmonisation at the European level.

During the hearing, Commission representatives recalled that the World Health Organization removed homosexuality from the list of diseases in 1990 and argued that “there is nothing to cure.”

Nevertheless, the EU executive itself acknowledged that any directive would require the backing of the member states, something uncertain in a politically sensitive field.

Among the options under consideration is the adoption of a specific directive. Another, more ambitious possibility would be to amend the Treaties to include these practices in the list of “eurocrimes” under Article 83 of the Treaty on the Functioning of the EU.

But even MEPs favourable to the ban admit that a reform of that magnitude would take years.
In parallel, the Commission has launched a study to gather data and assess the real scope of the phenomenon. Its conclusions are not expected before the first quarter of 2027, underscoring the legal complexity of the issue.

Experts speak

In this context, the think tank MCC Brussels intervened ahead of the hearing to warn of the risks of “broad and ambiguous” legislation at the EU level. According to the organisation, the language surrounding the initiative conflates serious historical abuses—such as cases of coercion or ill-treatment—with a much wider range of situations that could include everything from legitimate therapeutic exploration to family disagreements.

Ashley Frawley, Visiting Research Fellow at MCC Brussels, warned that an excessively broad definition could end up penalising exploratory psychotherapy, the prudent exercise of clinical judgement, or even parental responsibility.

The centre also questioned the interpretation of the Fundamental Rights Agency’s (FRA) LGBTIQ Survey III, noting that the term “conversion practices” was not clearly defined in the survey, which could distort the results.

According to the cited data, respondents identifying as transgender reported having experienced “conversion practices” at a higher rate than gays and lesbians, with “verbal abuse or humiliation” being the most frequently mentioned source, while medical professionals were among the least cited. For MCC Brussels, the lack of precision makes it impossible to conclude that there is a significant prevalence of organised coercive therapeutic interventions, already prosecutable under existing laws.

The think tank expressed concern about possible restrictive effects on freedom of expression and academic debate, especially at a time when some countries are reviewing “gender affirmation” protocols for minors.

The initiative has raised serious concerns among those who see open dialogue and psychological support as essential for individuals questioning their gender identity, especially before making irreversible medical or surgical decisions. In many cases, such conversations are seen as a way to explore complex feelings safely and thoughtfully, without coercion in any direction. Campaigners against a ban have also pointed out that depending on how it is worded, a ban could even criminalise legitimate conversations between parents and their own children or between a person and their religious confessor.

Javier Villamor is a Spanish journalist and analyst. Based in Brussels, he covers NATO and EU affairs at europeanconservative.com. Javier has over 17 years of experience in international politics, defense, and security. He also works as a consultant providing strategic insights into global affairs and geopolitical dynamics.

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