- Exceptions
The Group has decided not to include exceptions in the definition of conversion practices. Exceptions carry the danger of limiting the protective scope of the definition and of facilitating the addition of grounds that permit conversion practices. The Group therefore recommends that exceptions do not form part of the law against conversion practices and that this is possible through using an appropriate definition.
In this regard, the Group notes that it is not necessary to provide an exception for affirmative care, as defined below (i.e., approaches to healthcare delivery in which the providers recognise, validate and/or support a person's gender identity, sexual orientation and/or gender expression).
These approaches would not fall within the definition of conversion practices because they do not seek to change, suppress and/or eliminate a person's sexual orientation, expression of sexual orientation, gender identity and/or gender expression.
Background Note: Considerations regarding healthcare provision and other care and support
In considering and developing the definition of conversion practices, the Group discussed the question of ‘affirmative care’ and how this would relate to the definition.
“Affirmative care” within health care refers to an approach that validates and supports the identity and lived experience expressed and stated by an individual. It is non-directive – a healthcare professional will take an unobtrusive role so that free expression is encouraged.
The Group recognises the value and important role of affirmative support, healthcare provision and familial or pastoral care.
Facilitating, enabling or encouraging efforts which take place in a supportive and affirmative environment, and are led by the other person’s autonomous decisions, are not conversion practices in accordance with our definition as they do not seek to change, suppress or inhibit that person’s sexual orientation or gender identity.
This would include, for example, providing a safe space for someone to explore their sexual orientation, expression of sexual orientation, gender identity and/or gender expression in a safe and non-judgmental way; providing support and understanding in helping with self-acceptance; facilitating coping skills and social support or assisting someone who was undergoing or considering undergoing gender reassignment.
my bold
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I am just pulling this out.
It is clear isn’t it? No exceptions. No clarity. Just a blanket policy demand.
And so, I also read it that any clinician that says… “mmm, I think you don’t suffer from gender dysphoria but are [insert medical condition].” Could be taken to court.
Basically, the demand is only full affirmation with no exceptions . Unless a patient “leads” the treatment it could be that clinicians are exposed.
When can a clinician say - no this person is clearly very vulnerable and needs significant help here but I don’t believe their situation will be assisted by medical transition ?