חקיקה

Legislation

(צילום: יוסי זמיר, שתיל סטוק)

Legal Situation in Israel

As a general rule, conversion therapies are permitted under Israeli law. However, they constitute an ethical and professional violation, as stated in the position papers of several professional therapeutic unions in Israel. The Ministry of Health has also warned the public against these practices.

In 2011, the Israeli Psychologists Association (IPA) issued a position paper professionally opposing conversion therapies, stating that they are ineffective, harmful, and rely on ethically problematic and outdated practices.

In 2014, then–Health Minister Yael German established a ministerial review committee in collaboration with the Psychologists’ Council, the statutory professional body within the Ministry of Health. The committee examined the issue and received numerous testimonies from religious LGBTQ organizations, including H.O.D. – Religious Gays, among others. At the conclusion of the review, Minister German decided to adopt the IPA’s 2011 position paper and published an official warning on the subject:

“Conversion therapies are treatments conducted to change a homosexual sexual orientation to a heterosexual one. Those who practice this method create a false impression of scientific recognition, even though in reality there is no research evidence supporting the success of any method of conversion, and there is evidence of possible harm.”

In the same year, 2014, the Association of Social Workers adopted the IPA’s position paper and expressed its negative stance regarding conversion practices.

In 2019, the Israel Medical Association joined this position and published an additional position paper, co-signed by the Israel Psychiatric Association, the Israel Family Physicians Association, the Israeli Association of Child and Adolescent Psychiatry, the Israeli Society for Adolescent Medicine, the Israeli Association of Pediatrics, and the Society for LGBT Medicine. The summary of the paper stated:

“There is no evidence of the effectiveness of treatments intended to change sexual orientation or gender identity, and there is evidence of possible harm, including among adults, especially children and adolescents. Therefore, these treatments should not be referred to or practiced from a professional and ethical perspective.”

This position paper was the result of work led by the Society for LGBT Medicine. During its preparation, testimonies were heard from religious LGBTQ organizations and other activists.

Thus, by 2019, a broad professional therapeutic consensus against conversion therapies had been established. While individual and group opposition had existed in Israel for many years—and extensive scientific, medical, and professional opinions from around the world had already been published—the severe harm caused by these practices entered Israel’s professional public consciousness for the first time with wide-ranging support.

The Ministry of Health’s negative position from 2014 created a new enforcement mechanism: from that point onward, complaints could be filed with the Complaints Committee of the Psychologists’ Council at the Ministry of Health against any licensed psychologist performing conversion therapies. Such psychologists may be summoned for a hearing and face disciplinary proceedings, including sanctions up to the suspension or revocation of their license to practice psychology in Israel.

Indeed, in 2016, a complaint was filed against a therapist who openly advertised conversion practices. The complaint was submitted by the Association for LGBTQ Equality in Israel and IGY – Israel Gay Youth. The complaint was not resolved, and the issue was discussed in the Knesset State Audit Committee in 2016, where the committee expressed strong criticism of the Ministry of Health.

It should be noted that therapists other than psychologists do not fall under the authority of this committee or, in many cases, under the Ministry of Health in general, and are therefore not subject to professional supervision regarding conversion practices.

Generally, lawsuits against therapists, both criminal and civil, were not made public until 2015. In that year, it was announced that one of the well-known therapists in the largest conversion organization was suspected of sexual offenses against his patients. In 2017, an indictment was filed against him, and in 2019, he was convicted of the offenses attributed to him. The indictment included shocking descriptions of sexual assault and sexual exploitation while violating the therapist-patient relationship.

There is no information regarding civil lawsuits against conversion therapists or conversion organizations in Israel, but the possibility of filing them exists. Many participants in activities of conversion organizations testify that the contracts they signed as a condition of their participation in these activities explicitly stated the therapists' removal of any liability and even threats of lawsuits and financial compensation if any claim was made by the participants. All of this, in addition to a great deal of shame and dealing with painful memories, probably prevents patients from wanting to complain.

In 2015, MK Yael German (following her term as Minister of Health) submitted a bill to amend the Penal Law. The bill defined conversion therapies and classified them as a criminal offense punishable by up to one year in prison. The prohibition applied to all therapists, not only psychologists. The bill included several exceptions: it applied only to conversion therapies aimed at changing sexual orientation and/or gender identity of minors and excluded gender-affirming medical treatment, assistance to a minor in exploring sexual orientation or gender identity, and counseling or support regarding coping with these identity aspects.

The bill failed at the preliminary reading stage, with the government opposing it by a vote of 45 to 37; 38 MKs abstained or were absent. The government argued that criminal law was not an appropriate tool for addressing conversion therapies and that the harm caused by such treatments was not legally distinct from harm caused by other forms of mental health treatment, which are not criminalized.

In 2017, MK Yael German submitted a revised bill addressing civil law only. The bill defined conversion therapies in the same manner and again applied only to minors. It proposed a financial penalty of 60,000 NIS for those who refer minors to conversion therapies and double that amount for those who perform them. The monetary penalty was intended as compensation for the minor without the need to prove harm. Responsibility for enforcement was assigned to the Ministry of Justice.

This bill also failed at the preliminary reading stage, with the government opposing it by a vote of 38 to 26; 56 MKs abstained or were absent. In 2018, the bill was brought forward again and failed once more by a vote of 32 to 19; 69 MKs abstained or were absent. The government argued that compensation without proof of damage was exceptional and inappropriate in these circumstances. Additional concerns were raised that the law could create conflict between minors and their parents—who might be considered as having referred the minor to conversion therapy—leading to family disputes and civil lawsuits by minors against their parents.

At the end of 2017, MK Michal Rozin submitted a bill requiring the inclusion of a warning in advertisements for conversion therapies. The definition of the treatments was identical to that in MK German’s bills and was not limited to minors. The bill did not include enforcement mechanisms or sanctions beyond the advertising requirement, which was considered its main weakness. Due to disagreements and doubts regarding its effectiveness, the bill was removed from the agenda and did not proceed to a vote.

That same year, MK Merav Michaeli submitted a bill to amend the Psychologists Law. This proposal included a narrower definition of conversion therapies and applied only to those performed by psychologists. It proposed relatively severe sanctions, including removal from the psychologists’ registry for three years and the possibility of a criminal penalty—under existing law—of up to one year in prison.

It also did not come up for a vote in the end, due to political considerations.

In Israel, a bill by opposition MK Nitzan Horowitz of Meretz passed its first reading in 2020, prohibiting conversion therapy by psychologists. The law was prepared and pushed by many, including Havruta and the chairman of the association Shai Ramson, who himself experienced conversion therapy. This Knesset was dissolved; since then the law has not been brought forward again.

חקיקה

Legislation

(צילום: יוסי זמיר, שתיל סטוק)

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Legal Situation in Israel ​

Legal Situation in Israel