AFFIRMATION OF SEXUAL ORIENTATION, GENDER IDENTITY AND GENDER EXPRESSION ACT

AFFIRMATION OF SEXUAL ORIENTATION,

GENDER IDENTITY AND GENDER EXPRESSION

CHAPTER 567

AFFIRMATION OF SEXUAL ORIENTATION,

GENDER IDENTITY AND GENDER

EXPRESSION ACT

To affirm that all persons have a sexual orientation, a gender identity

and a gender expression, and that no particular combination of these three

characteristics constitutes a disorder, disease, illness, deficiency, disability

and, or shortcoming; and to prohibit conversion practices as a deceptive

and harmful act or interventions against a person’s sexual orientation,

gender identity and, or gender expression.

9th December, 2016

ACT LV of 2016, as amended by Act XIII of 2023 .

The short title of this Act is the Affirmation of Sexual

Orientation, Gender Identity and Gender Expression Act.

In this Act, unless the context otherwise requires

"advertise" means the publication, display, sharing, promotion,

referral, circulation of, or authorisation to publish, display, share,

promote, refer or circulate any material made by any means which

indicates, or could reasonably be understood as indicating, that the

person so advertising or authorising the advertising has engaged in

conversion practices, or is favourably describing, endorsing or

promoting conversion practices;

"conversion practices" refers to any treatment, practice or

sustained effort that aims to change, repress and, or eliminate a

person’s sexual orientation, gender identity and, or gender

expression; such practices do not include -

(a) any services and, or interventions related to the

exploration and, or free development of a person and,

or affirmation of one’s identity with regard to one or

more of the characteristics being affirmed by this Act,

through counselling, psychotherapeutic services and,

or similar services; or

(b) any healthcare service related to the free development

and, or affirmation of one’s gender identity and, or

gender expression of a person; and, or

(c) any healthcare service related to the treatment of a

mental disorder;

"gender expression" refers to each person’s manifestation of

their gender identity, and, or the one that is perceived by others;

"gender identity" refers to each person’s internal and individual

experience of gender, which may or may not correspond with the

sex assigned at birth, including the personal sense of the body

(which may involve, if freely chosen, modification of bodily

appearance and, or functions by medical, surgical or other means)

and other expressions of gender, including name, dress, speech and

mannerisms;

AFFIRMATION OF SEXUAL ORIENTATION,

GENDER IDENTITY AND GENDER EXPRESSION

"mental disorder" means a significant mental or behavioural

dysfunction, exhibited by signs and, or symptoms indicating a

distortion of mental functioning, including disturbances in one or

more of the areas of thought, mood, volition, perception, cognition,

orientation or memory which are present to such a degree as to be

considered pathological in accordance with internationally

accepted medical and diagnostic standards, with the exclusion of

any form of pathologisation of sexual orientation, gender identity

and, or gender expression as may be classified under the

International Classification of Diseases or other similar

internationally recognised classifications, and "mental illness"

shall be construed accordingly, and for the purpose of any matter

related to criminal proceedings, it shall include "insanity" as

understood for the purpose of the Criminal Code;

"professional" refers to a person who is in possession of an

official qualification and, or a warrant to practise as a counsellor,

educator, family therapist, medical practitioner, nurse, pathologist,

psychiatrist, psychologist, psychotherapist, social worker, and, or

youth worker;

"sexual orientation" refers to each person’s capacity for profound

emotional, affectional and sexual attraction to, and intimate and

sexual relations with, persons of a different gender, the same

gender or more than one gender;

"vulnerable person" refers to any person

(a) under the age of sixteen years; or

(b) suffering from a mental disorder; or

(c) considered by the competent court to be particularly at

risk when taking into account the person’s age,

maturity, health, mental disability, other conditions

including any situation of dependence, the

psychological state and, or emotional state of that

person.

It shall be unlawful -

(a) for any person to

(i) perform conversion practices on a vulnerable

person; or

(ii) perform involuntary and, or forced conversion

practices on a person; or

(iii) advertise conversion practices; and, or

(b) for a professional to

(i) offer and, or perform conversion practices on

any

person

irrespective

of

whether

compensation is received in exchange; or

(ii) make a referral to any other person to perform

conversion practices on any person.

(1) Any person found guilty under the provisions of article

3(a) shall, upon conviction, be liable to a fine (multa) of not less

than one thousand euro (€1,000) and not exceeding five thousand

AFFIRMATION OF SEXUAL ORIENTATION,

GENDER IDENTITY AND GENDER EXPRESSION

euro (€5,000), or to imprisonment for a term of not less than one

month and not exceeding five months, or to both such fine and

imprisonment

Provided that the punishment prescribed for under this sub-

article shall be increased by one to two degrees in those instances

where any person performs conversion practices on a vulnerable

person.

(2) Any professional found guilty under the provisions of

article 3(a) and, or (b) shall, upon conviction, be liable to a fine

(multa) of not less than two thousand euro (€2,000) and not

exceeding ten thousand euro (€10,000), or to imprisonment for a

term of not less than three months and not exceeding one year, or to

both such fine and imprisonment.