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The equalities minister published draft legislation on Thursday that would criminalize certain practices aimed at changing a person's sexual orientation or gender identity. The bill outlines penalties of up to five years in prison and unlimited fines for conduct meeting three specific criteria.
thesouthafrican.comThe equalities minister published a draft bill on Thursday that would make certain practices aimed at changing a person's sexual orientation or gender identity a criminal offense. The legislation defines the offense as requiring three elements: an intention to change someone's identity, abusive conduct, and long-term harm.
A person convicted under the proposed law could face up to five years in prison, an unlimited fine, or both.
Equality and Opportunity stated that discussions with children about irreversible medical treatments would not fall under the law unless all three criteria are met. The equalities minister said the bill does not prohibit exploratory conversations or questioning about sexual orientation or gender identity.
The legislation includes a high threshold for criminal liability to protect freedom of speech, according to the minister. Healthcare professionals, therapists, and counselors would receive specific safeguards under the proposed rules.
The women's rights charity Sex Matters said the wording is too broad and could expose teachers and parents to accusations of criminal harm. Its chief executive warned that parents helping children through periods of gender questioning could face police investigation.
The LGB Alliance co-founder urged parents to review the proposal, citing potential five-year prison sentences for attempts to protect children from certain medical interventions. The Free Speech Union launched a petition calling for the bill to be withdrawn.
Dr. Hilary Cass, who previously reviewed gender medicine practices, said the current draft provides clearer definitions of both what conversion practices are and what they are not. She stated that healthcare professionals should feel confident providing holistic care without fear of litigation.
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