A new bill looks to ban practices aimed at changing, repressing, nullifying, or suppressing a person’s sexual orientation, gender identity, or gender expression, commonly known as “conversion therapy.” The bill was introduced by Antonio Trejos, a lawmaker from the Frente Amplio (FA).
The initiative proposes amending the General Health Law to recognize the right of every person to receive physical and mental health services that respect their sexual orientation, gender identity, and gender expression; are free from discrimination; and are based on scientific, ethical, and professional criteria.
The bill defines efforts to change sexual orientation, gender identity, or gender expression (Ecosig) as any practice, treatment, service, counseling, or intervention specifically directed at a person with the aim of modifying, repressing, nullifying, or suppressing those characteristics, or preventing their expression, under the premise that one sexual orientation, gender identity, or gender expression is preferable to another.
The proposal expressly states that a person’s consent would not prevent a practice from being considered Ecosig when it meets the criteria established by law. According to the bill, the measure seeks to protect a principle that applies to everyone: no person should be subjected to pseudo-therapeutic, coercive, or deceptive interventions intended to alter fundamental aspects of their personality under the premise that there is only one correct way to experience sexuality or express one’s identity.
The proposal would also impose specific obligations on professionals and others working in health-related fields. They would not be permitted to perform, recommend, prescribe, promote, or directly participate in Ecosig (efforts to change sexual orientation, gender identity, or gender expression). They would also be prohibited from deliberately referring a person to a third party when they know that the service offered constitutes one of these practices. The bill classifies the performance, provision, application, imposition, financing, promotion, or offering of Ecosig as an administrative health violation.
Once a violation has been established through an administrative proceeding, the Ministry of Health could impose one or more sanctions. These include a written warning and a health order requiring the immediate cessation of the practice; a fine of one to five base salaries; suspension for up to six months of a health license, authorization, or operating permit; or permanent revocation in cases of repeat offenses or when the continuation of the activity poses a serious risk to people’s health or safety.
In determining the penalty, the Ministry of Health would have to consider factors such as the age and vulnerability of the affected person; the existence of relationships involving authority, dependency, or subordination; the use of violence, intimidation, threats, deception, humiliation, isolation, or deprivation of liberty; the duration and recurrence of the practices; harm to physical or mental health; the pursuit of financial gain; and repeat offenses.
