Unwilling or Unable?: Why the European Union Has Not Banned Conversion 'Therapy'

Conversion ‘therapy’ is a harmful and discredited practice rooted in the belief that being homosexual and/or transgender is a fixable defect, leading to severe health consequences, including suicidality. Despite unanimous condemnation by leading mental health associations since the 1990s and calls for prohibition by international organizations, including the European Union (EU), the practice continues, often under the guise of religious or spiritual counseling. Only eight out of 27 EU member states had enacted legislative bans by the end of 2024, despite the protection of LGBTI rights being a core component of the EU’s identity. Moreover, despite long-standing calls from the European Parliament and support from the European Commission, the EU has not yet outlawed conversion ‘therapy’ at the supranational level. This paper provides the first study of the politics around conversion ‘therapy’ at the EU-level. It examines the extent to which theories of “contested competences” (Farrell & Héritier, 2007), policy responsiveness (Giurcanu & Kostadinova, 2022), anti-gender politics (Mariani, 2025) and transnational advocacy networks (Carpenter, 2007) are able to account for the lack of legislative action. The latter also includes the limited impact that European Citizens’ Initiatives have on EU policymaking (Weisskircher, 2019). The paper combines document analysis with semi-structured elite interviews.