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Why Protect All Freedoms
Protect All Freedoms was established to protect and advocate for fundamental freedoms in Scotland, including freedom of speech, freedom of religion or belief, and the right to family life.
We have significant concerns about proposals to introduce a ban on conversion practices in Scotland. While the intention behind such legislation may be well-meaning, we believe that legislation which is too broadly drawn could cause considerably more harm than good.
These concerns have been reinforced by a report published by Policy Exchange[1], authored by Baroness Falkner of Margravine, former Chair of the Equality and Human Rights Commission, and Akua Reindorf KC, a former Commissioner of the same organisation.
In their assessment of the draft UK Government Conversion Practices Bill, the authors warn that its provisions are so broadly drawn that parents acting in good faith could face criminal prosecution for ordinary decisions about raising their children. They also raise concerns that children as young as ten could face prosecution for comments made to their schoolmates, and that teachers could be exposed to criminal proceedings.
The authors describe the proposed legislation as an attempt to introduce gender self-identification into law by the back door, warning that it threatens fundamental rights, including freedom of speech, religious liberty and the right to family life. Baroness Falkner has separately described the draft legislation as appearing "oblivious to human rights law in Britain", and characterised it as "ideological, authoritarian and unworkable".
These are serious warnings that should not be ignored in Scotland.
Indeed, the current direction of political debate suggests that the risks could be even greater here. Advocates for a Scottish-specific ban have repeatedly argued that the UK Government's draft legislation does not go far enough. At the recent SNP Conference, a motion calling for Scottish legislation on that basis was passed unanimously[2]. The Equality Network, which receives the majority of its funding from the Scottish Government[3], has also called for a Scottish-specific Bill on the same grounds.[4] The Scottish Greens have similarly advocated for separate Scottish legislation.[5]
At present, the potential threats to fundamental freedoms may be more pronounced in the draft legislation being considered at Westminster. However, that should not give us grounds for complacency. If anything, the calls for more expansive legislation in Scotland make it essential that those concerned about freedom of speech, religious liberty, family life and the protection of single-sex spaces make their voices heard now.
That is why we established Protect All Freedoms.
Our intention is to be proactive, not reactive. We want to ensure that the potential consequences of such legislation are properly understood by politicians, the media and the wider public before proposals are brought forward. Rather than simply responding to the boundaries set by those advocating for a ban, we want to establish clear principles about the freedoms that any legislation must respect.
Our objective is to create the conditions in which legislation that places these fundamental freedoms at risk is neither proposed nor enacted.
To be clear, we do not believe that anybody should be subjected to abuse, coercion, intimidation or harm because of their sexuality or gender identity. Everyone deserves dignity, respect and protection under the law. However, there are ways to achieve these objectives without compromising fundamental freedoms or undermining the Common Good of our society.
Protecting people and protecting freedoms should not be competing objectives. Scotland should be able to do both.
[1] https://policyexchange.org.uk/publication/not-what-it-says-on-the-tin/
[2] https://www.thenational.scot/news/26640820.snp-back-calls-ban-anti-lgbt-conversion-practices/
[3] https://find-and-update.company-information.service.gov.uk/company/SC220213/filing-history
[5] https://greens.scot/news/no-place-for-conversion-practices-in-modern-scotland
Protect All Freedoms
Fundamental freedoms are the foundation of a free and democratic society.
Protect All Freedoms is a Scottish campaign examining the proposed legislation to ban conversion practices and its implications for individual rights, freedom of expression, religious belief, family life and personal autonomy.
We believe that people must be protected from coercion and abuse, while ensuring that any new legislation is clear, proportionate and safeguards the fundamental freedoms of everyone.
What's at Stake
Scotland faces an important legislative decision.
Proposals to ban conversion practices raise complex questions about the relationship between individual rights, personal autonomy and the role of the state.
Existing Scottish laws already criminalise serious acts such as physical and sexual assault, threats and certain forms of abusive behaviour. However, other practices involving coercion or psychological pressure may fall outside existing legal protections.
The challenge for legislators is to determine where additional protections are needed, how prohibited conduct should be defined and how to ensure that lawful activities are not unintentionally restricted.
The questions are significant:
- Where should the boundary lie between coercion and voluntary conversation?
- How can legislation protect vulnerable people without restricting legitimate counselling and therapeutic support?
- What safeguards are needed for freedom of religion, expression and family life?
- Is there sufficient evidence to understand the potential consequences of the proposed legislation?
These are questions that deserve careful scrutiny, informed debate and clear answers.
