Congress is studying penalizing “conversion therapies” with jail time

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A proposal from the PSOE seeks to reform the Penal Code to punish more harshly practices that attack sexual diversity

The Socialist Parliamentary Group has registered a new Organic Law Proposal that proposes introducing prison sentences into the Penal Code for those who practice what they call “false conversion therapies”. These interventions—often hidden under pseudoscientific or religious discourses—seek to modify a person’s sexual orientation, sexual identity, or gender expression.

The objective is clear: to put an end to these practices that, today, do not always find a forceful response in the courts. And, at the same time, send a resounding message from the institutions: no form of violence against diversity will be tolerated.

What changes with this proposal?

If approved, the reform would imply significant changes:

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  • Prison from 6 months to 2 years for anyone who applies conversion methods – psychological, physical, pharmacological or of any other nature – aimed at denying, repressing or eliminating a person’s gender orientation or identity.

  • Aggravating factors if the victim is a minor, if violence or a position of power is used, if there is a profit motive or if the aggressor is part of an organization.

  • Professional disqualification to work in educational, sports or leisure environments between 3 and 5 years beyond the prison time, especially if minors are involved.

  • Sanctions for legal entities, including fines, dissolution of entities or prohibition of receiving public aid.

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Beyond punishment: a political position

Víctor Gutiérrez, LGTBI secretary of the PSOE and deputy spokesperson for Sports in Congress, has been forceful: “These aberrant practices are a form of torture and violence that are unacceptable in our democracy”. For him, this initiative responds to a commitment acquired with citizens and, especially, with the LGTBIQ+ group: “We were the only party that included the criminalization of these therapies in its electoral program,” he recalled.

The proposal also represents another step in the legal protection of the right to be, to express oneself and to love without being the object of coercion or pathologization.

 

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A debate that is not closed

However, not everyone views this reform favorably. Some conservative sectors warn of a possible collision with freedom of expression or with the right to self-determination of people in religious contexts. Could this law, in any case, conflict with freedom of belief or with the professional practice of psychology in certain branches? Where is the line drawn between therapeutic intervention and violation of rights? These are complex questions that still do not have a clear answer and that, without a doubt, deserve a plural and honest debate.

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The weight of the repair

Although this law will not be able to erase the damage already inflicted on many people who have been subjected to these practices, it can mark a before and after. To legally recognize that these “therapies” are a form of institutionalized violence is also to recognize that many lives have been silenced, disfigured or fractured by a system that for too long looked the other way.

In this context, the PSOE proposal is not only a legislative measure: it is a political and symbolic gesture that challenges the entire society.

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