In a groundbreaking legal decision, a transgender woman from China has been awarded a staggering amount of compensation by a hospital that subjected her to numerous sessions of electroshock conversion therapy without her informed consent.
The Changli County People’s Court in Qinhuangdao, located in Hebei province, granted a compensation award of 60,000 yuan (approximately £6,552) to Ling’er, a 28-year-old performance artist who was assigned male at birth but identifies as a woman. The ruling, which took place on 31 October, has been celebrated by LGBTQ+ activists as a significant victory for transgender rights in China.
Ling’er, who prefers to use a pseudonym, expressed her hope that her landmark case—the first known instance of a transgender person successfully challenging electroshock conversion practices in a Chinese court—would pave the way for others within the LGBTQ+ community to advocate for their medical rights. “In China, the situation for transgender people is not very optimistic,” she lamented. “There’s a lack of protection for this group.”
Ling’er recounted the immense physical toll the procedures inflicted on her, stating, “It caused serious damage to my body. Every time I underwent the treatment, I would faint.” She emphasized that the treatment was administered without her consent, stating, “I didn’t agree to it, but I had no choice.”
The actions of the hospital, which sought to “correct” her identity to align with societal norms, raises important questions about ethical medical practices in China.
She revealed that the electroshock treatments have caused long-term heart issues that necessitate ongoing medication, highlighting the serious consequences of such invasive and harmful practices.
Ling’er took the courageous step of filing a lawsuit against the hospital, which was presented in court in August. Her argument centered on the violation of her fundamental personal rights due to the coercive treatments she endured.
According to China’s mental health legislation, individuals cannot be subjected to involuntary psychiatric care unless they pose a significant risk to themselves or others, underscoring the importance of consent in medical treatment.
Darius Longarino, a research scholar at Yale Law School who studies Chinese law and civil society, commented sharply on the practices of medical professionals administering conversion therapies, calling them “intrusive” and “harmful” treatments based on flawed diagnoses.
In a troubling instance reported in August, Ling’er’s doctor suggested that her existence might pose a risk to her parents’ safety, implying they could harm themselves due to her gender identity—another example of the stigma and misunderstanding surrounding transgender issues in China.
There is little legal precedent for challenges of this nature within the country. A previous case in 2017 saw a gay man in Henan province awarded 5,000 yuan after being confined in a psychiatric institution for 19 days and forcibly administered treatment for his sexual orientation.
In a related ruling from 2014, a gay man won 3,500 yuan after a clinic subjected him to hypnosis and electroshock therapy in an unsuccessful attempt to “cure” his homosexuality, though the court’s decision did not hinge on consent but rather on the wrongful portrayal of homosexuality as a treatable condition.
Conversion therapy practices exist in a legally ambiguous area in China. Even though homosexuality was declassified as a psychiatric disorder in 2001, a corresponding diagnosis related to distress over sexual orientation has remained, allowing some health professionals to offer dubious “cures” for gender identity issues.
While recent medical guidelines in China have eliminated this specific diagnosis, issues with enforcement and educational gaps still persist in healthcare settings across the country.
One of the few doctors in China focusing on transgender healthcare, who wished to remain anonymous due to the sensitive nature of discussing these issues, pointed out that many medical staff lack adequate knowledge about treating transgender patients. “When hospitals receive transgender patients,” they noted, “they don’t know how to treat them. They assume that using methods like electroshocks could help, but in fact they are wrong.”
A 2019 study involving a survey of 385 transgender individuals revealed that nearly 20% had been coerced into conversion practices by their own parents, illustrating the social pressures facing many in the community.
Qinhuangdao City Fifth Hospital opted to refrain from making any public comments regarding the court decision and its implications.
Additional research by Jason Tzu Kuan Lu
**Interview with Ling’er: A Landmark Case for Transgender Rights in China**
*Interviewer (I): *Welcome, Ling’er. Thank you for joining us today to share your story. Your recent court victory is seen as a landmark moment for transgender rights in China. Can you tell us what motivated you to take legal action against the hospital?
*Ling’er (L):* Thank you for having me. I decided to file the lawsuit because I experienced severe physical and emotional harm due to the electroshock conversion therapies that were administered to me without my consent. I felt it was crucial not just to seek justice for myself but to also pave the way for others like me. In China, many transgender individuals face significant challenges and a lack of legal protection.
*I:* That’s very brave of you. You mentioned that these treatments caused serious damage to your body. Can you share more about the effects you experienced?
*L:* Yes, the impact has been devastating. Each session left me feeling faint, and I have since developed long-term heart issues that require ongoing medication. It was unbearable, and the treatments were completely against my will. I felt powerless and trapped, which is something many people, especially in marginalized communities, might relate to.
*I:* It’s heartbreaking to hear. Your case has sparked a discussion about ethical medical practices in China. What do you believe needs to change in the healthcare system to protect individuals like yourself?
*L:* There needs to be a fundamental recognition of our rights as individuals. Consent must be prioritized in all medical treatments, as outlined in China’s mental health legislation, which states that involuntary care can only be applied if someone risks harm. Additionally, medical professionals must be educated about transgender identities to combat the stigma and misconceptions that lead to such invasive practices.
*I:* Darius Longarino, a researcher on Chinese law, described these therapies as “intrusive” and “harmful.” How do you see the role of legal scholars and activists in advocating for change in this context?
*L:* Their role is crucial. Scholars like Mr. Longarino can help bring academic attention to these issues, creating a framework for understanding the rights of LGBTQ+ individuals in China. Activism is also essential; we need to build a movement that challenges these harmful practices and advocates for legislative changes that will ensure protections for transgender people.
*I:* Given your experience, what message do you hope to send to other members of the LGBTQ+ community in China?
*L:* I want them to know that they are not alone. My case is just a small step, but it shows that change is possible. I encourage others to be vocal about their struggles and to seek legal recourse if their rights are violated. Together, we can advocate for a safer, more accepting society.
*I:* Thank you, Ling’er. Your courage and determination are inspiring. We hope your story continues to motivate change and brings hope to others in similar situations.
*L:* Thank you for sharing my story. It’s important to keep these conversations going.