Legal assessment of conversion therapies in Polish law

Abstract

This text is devoted to the assessment of the legality of conversion "therapy" according to the current Polish law, and also considers the legitimacy of introducing an explicit ban on this type of "therapy".

The starting point for the discussion is the presentation of scientific findings on the etiology of homosexuality and the possibility of changing sexual orientation. Bearing in mind that current medicine points to the formation of sexual orientation during fetal life, talk of changing it after birth has no scientific basis. Thus, the use of any 'therapeutic' measures in this direction is devoid of a therapeutic aim, as it is, on the one hand, unattainable and, on the other, homosexuality is not recognised as a disease.

Given the uncertainty about what kind of "therapeutic" methods are proposed by the entities offering such "therapies", the legality of both medical and psychological, religious and non-therapeutic activities is discussed. The considerations pointed out that the mere consent of the person undergoing conversion "therapy" is not sufficient for the legalization of any of these activities; moreover, it was questioned whether it is possible to speak of informed and free consent in this case at all.

The analysis has shown that none of the activities proposed in the context of conversion "therapy" meet the requirements of legality. In spite of this, existing criminal and civil provisions do not provide full protection for people who have suffered harm as a result of undergoing such activities. Therefore, it seems justified to introduce explicit regulations prohibiting this type of practice, following the example of the requirements of international organisations and foreign regulations concerning both children and adults. In the context of these examples, the project submitted by Nowoczesna in 2019 on the prohibition of conversion practices was assessed.