In a groundbreaking legal case that has sent shockwaves through China’s LGBTQ+ community, a transgender woman has been awarded a record-breaking 60,000 yuan (£6,552) in compensation after being subjected to forced electroshock conversion therapy. The landmark ruling, issued by the Changli County People’s Court in Qinhuangdao, Hebei province, marks the first time a transgender individual has successfully challenged the use of such practices in the country.
The plaintiff, known by the pseudonym Ling’er, is a 28-year-old performance artist who was assigned male at birth but identifies as a woman. In July 2022, Ling’er was admitted to the Qinhuangdao City Fifth Hospital after coming out to her parents as transgender the previous year. Despite her gender identity being unrelated to her sexual orientation, she was diagnosed with “anxiety disorder and discordant sexual orientation” and subjected to a grueling 97-day stay, during which she underwent seven sessions of electroshock therapy without her consent.
A Harrowing Ordeal and Its Aftermath
Ling’er’s experience at the hospital was nothing short of traumatic. “It caused serious damage to my body,” she recounted. “Every time I underwent the treatment, I would faint … I didn’t agree to it, but I had no choice.” The hospital’s alleged goal was to “correct” her and make her conform to society’s expectations, a practice that has drawn sharp criticism from human rights advocates and medical professionals alike.
The impact of the electroshock therapy has been long-lasting, with Ling’er reporting ongoing heart problems that require medication. Determined to seek justice, she filed a lawsuit against the hospital earlier this year, arguing that her personal rights had been violated by the treatments. The court heard the case in August, and on October 31, it approved the record-breaking compensation award.
A Victory for Transgender Rights
Ling’er’s legal triumph is a significant victory for transgender rights in China, where the LGBTQ+ community faces numerous challenges and discrimination. “In China, the situation for transgender people is not very optimistic,” Ling’er noted. “There’s a lack of protection for this group.” By taking a stand and fighting for her rights, she hopes to inspire others in the community to do the same.
“I hope my case can help others in the LGBTQ+ community navigate medical disputes and protect their rights.”
– Ling’er, transgender activist and plaintiff
The Legal Landscape of Conversion Therapy in China
While China removed homosexuality from its official list of psychiatric disorders in 2001, it retained a diagnosis for distress about one’s sexual orientation. This ambiguity has allowed some psychiatrists to offer various “remedies” to “cure” a person’s sexual orientation or gender identity, despite the lack of scientific evidence supporting such practices.
China’s mental health law clearly states that individuals cannot be forcibly subjected to psychiatric treatment unless they pose a threat to themselves or others. However, enforcement and education in Chinese hospitals remain inconsistent. Darius Longarino, a research scholar at Yale Law School who focuses on Chinese law and civil society, emphasized that doctors who administer electroshock conversion therapy “are using intrusive, harmful treatments in order to treat something that should not be diagnosed in the first place.”
Precedent-Setting Cases and the Path Forward
Ling’er’s case is not the first legal challenge to conversion therapy in China, but it is the most significant to date. In 2017, a gay man in Henan province was awarded 5,000 yuan in compensation after being forcibly held in a psychiatric hospital for 19 days and made to take medication to “treat” his homosexuality. Three years earlier, a clinic was ordered to pay 3,500 yuan to a gay man who sued the institution for administering hypnosis and electroshock therapy to “cure” his sexual orientation.
While these earlier cases focused on false advertising and the notion that homosexuality is not an illness that can be “cured,” Ling’er’s lawsuit directly challenged the lack of consent for treatment. This sets a crucial precedent for future cases involving the rights of LGBTQ+ individuals in medical settings.
One of the few doctors in China working in transgender healthcare, who spoke on condition of anonymity, attributed the problem to a lack of awareness in the medical profession. “When hospitals receive transgender patients, they don’t know how to treat them. They think that using these methods could help, but in fact they are wrong. They make this choice because of their lack of knowledge.”
A 2019 study based on a survey of 385 people found that nearly one in five transgender youths in China reported being forced into conversion therapy by their parents. This alarming statistic underscores the urgent need for greater education, awareness, and legal protections for the LGBTQ+ community.
A Beacon of Hope
Ling’er’s historic victory in court serves as a beacon of hope for the transgender community in China and beyond. By bravely sharing her story and fighting for her rights, she has paved the way for others to follow in her footsteps. Her case has also shone a spotlight on the harmful practice of conversion therapy and the need for greater protections for LGBTQ+ individuals in medical settings.
As China continues to grapple with issues of equality and human rights, Ling’er’s triumph stands as a testament to the power of individual courage and the importance of speaking out against injustice. While there is still much work to be done to ensure the full acceptance and protection of the LGBTQ+ community, this landmark ruling represents a significant step forward on the path to equality.
