Cap. 567 Art. 2Interpretation.
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; 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.
Änderungsgeschichte
- Amended by XIII.2023.2