The Code of Health & Disability Services Consumers’
Rights37 should protect young people from conversion
practices in mental health and medical healthcare
settings. Individuals have the right to:
•
services free from coercion (Right 2)
•
services of an appropriate standard (Right 4)
•
to be fully informed (Right 6)
•
to give informed consent (Right 7).
Youth workers acknowledged some environments can
foster conversion ideology and put young people at
risk of conversion practices. Across settings, examples
ranged from concerted efforts through to unconscious
activities, from manipulation by leadership and peers,
dishonesty and secrecy, toxic behaviour, and jokes
about gender or sexuality. Implicit bias, ignorance,
and the use of binary-gendered groups and language
were mentioned, and are ways that an environment can
isolate transgender, non-binary and gender diverse
young people. Others spoke of overt conversion
ideology in these settings, such as pro-conversion
literature, marketing and messaging.
Conversion practices in education settings
Through engagement with survivors in Aotearoa, and
through the sharing of their stories in the media, we
know that conversion practices take place in schools
and education settings. As in youth work settings, this
is primarily underpinned by adherence to religious
tenets and can take many forms.
Religious schools’ responsibilities to provide safe
and inclusive environments
In Aotearoa religious schools, legally called stateintegrated or ‘special character’ schools, are governed
by boards who are responsible for protecting the
special character. Under the Education and Training
Act 2020 boards are also responsible for the physical
and emotional safety of all students and for giving
effect to the Human Rights Act 1993.
While the Human Rights Act 1993 does not explicitly
include discrimination on the basis of transgender
status, the Commission interprets discrimination on
the ground of sex to include transgender status. The
Solicitor General has taken a similar approach.38
The New Zealand Bill of Rights Act 1990 protects
freedom of thought, conscience, religion and belief, as
well as the right to freedom of expression. These are
essential for the functioning of a democratic society.
However, these freedoms are not absolute and must be
balanced with other rights and freedoms of individuals,
including LGBTQIA+, takatāpui Māori and MVPFAFF+
Pasifika people. There are many resources available
to schools to help them to consider and balance
the relevant rights (see Resources). Educators and
school leaders can also contact the Commission for
assistance, or they may wish to seek legal advice.
Acts such as refusing to use a student’s preferred
name and pronouns, deliberately recording the wrong
gender for them on school documents, or barring
access to gender-affirming uniform items could
constitute a conversion practice.
In education settings student safety is critical. To stay
safe, an LGBTQIA+, takatāpui Māori or MVPFAFF+
Pasifika student may wish that a different name,
pronoun, or gender marker is used in correspondence
with their whānau (that is, one that does not align with
their LGBTQIA+ identity). In this situation fulfilling a
student’s wishes would not be considered a conversion
practice. The student’s rights under the Privacy Act
2020, the Human Rights Act 1993, and the Conversion
Practices Prohibition Legislation Act 2022 need to be
considered alongside the school’s obligations under
the Education & Training Act 2020.
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Conversion Practices Guidance for those working with rangatahi and their whānau