Resumen

MUGERWA-SEKAWABE, Muyenga. We cannot pray it away: The African Charter on Human and Peoples' Rights requires state parties to ban 'conversion therapy'. Afr. hum. rights law j. [online]. 2025, vol.25, n.1, pp.59-84. ISSN 1996-2096.  https://doi.org/10.17159/1996-2096/2025/v25n1a3.

Conversion therapy' is a practice that seeks to change an individual's sexual orientation or gender identity. The practice is not currently banned in any African jurisdiction. This is an alarming state of affairs, as 'conversion therapy' leads to severely negative mental and physical health outcomes; and there is no evidence that 'conversion therapy' attains its desired objectives of making individuals cisgender or heterosexual. This article contends that state parties to the African Charter on Human and Peoples' Rights are required to ban 'conversion therapy' as it violates the right to dignity of LGBTQIA+ individuals under article 5. In addition, all forms of 'conversion therapy' constitute 'torture, cruel, inhuman or degrading punishment' and, therefore, should be prohibited as a violation of article 5 of the African Charter. 'Conversion therapy' is in relevant respects akin to abuse that are recognised as more typical forms of degrading treatment. While the intentions of the agent and the perception of the survivor are not necessary preconditions for degrading treatment, the consequences of ill-treatment for individual interests do play an important role. Applying this account of degrading treatment, the article concludes that 'physical' and forcible forms, as well as 'non-physical' and non-forcible forms of 'conversion therapy', all amount at a minimum to degrading treatment under human rights law, and give rise to positive obligations on the part of state parties to the African Charter.

Palabras clave : LGBTQIA+ rights; 'conversion therapy'; Africa; dignity; torture; punishment.

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