Human Rights and Te Tiriti implications Human rights Conversion practices have human rights implications and are connected to violence and discrimination based on sexual orientation and gender identity. The following international and national human rights laws and standards are applicable:20 • Non-discrimination: The application of human rights law is guided by the fundamental principles of universality, equality and non-discrimination. Conversion practices target a specific group on the exclusive basis of sexual orientation and gender identity, with the specific aim of interfering with their personal integrity and autonomy. United Nations human rights entities and mechanisms call out the practices as discriminatory.21 • Right to health: Every person should be able to enjoy the highest attainable standard of physical and mental health, and freedom from nonconsensual medical treatment.22 • Prohibition of torture and ill-treatment: United Nations entities and human rights mechanisms have expressed concern that conversion practices can amount to torture, cruel, inhuman or degrading treatment.23 • 44 Right to freedom of conscience and religion, and freedom of expression:24 The United Nations Committee on the Rights of the Child (UNCRC) has emphasised the rights of all children and young people to freedom of expression and respect for their physical and psychological integrity, gender identity and emerging autonomy. It condemns ‘treatments’ that try to change sexual orientation and forced surgeries or treatments on intersex adolescents.25 • Rights of the child:26 The United Nations Convention on the Rights of the Child states that “the best interests of the child shall be a primary consideration” in all actions relating to children.27 The UNCRC has clarified that a child’s right to identity, which includes sexual orientation and gender identity, must be respected and taken into consideration when assessing the child’s best interests. According to the UNCRC, assessment of the child’s best interests must also include consideration of their safety. That is, the right to protection from all forms of physical or mental violence, injury or abuse.28 Te Tiriti o Waitangi Conversion practices also breach rights under Te Tiriti o Waitangi, which protects self-determination for Māori. Te Tiriti o Waitangi also protects religious and spiritual equality for all, including LGBTQIA+, takatāpui Māori and MVPFAFF+ Pasifika people. Relevant articles include: • Article 2 provides tino rangatiratanga to iwi and the right to exercise authority over taonga • Article 3 provides equality of access to protection by the Crown • Article 4 (oral) guaranteed freedom of religious and spiritual customs for all, which should have protected the ongoing roles of takatāpui in the spiritual life of the community.29 The United Nations Declaration on the Rights of Indigenous People is also relevant, including the right to identity, the right to protection against destruction of culture, and the right to future manifestations of culture. Conversion Practices Guidance for those working with rangatahi and their whānau