Transgender Patient in Psychiatric Hospital Wins Compensation Lawsuit After Forced Electroconvulsive Therapy

"Electric Shock Therapy Without Consent Is a Human Rights Violation," Claims
Hebei Province Court Orders 10 Million Won Compensation

A transgender woman in China won a lawsuit against a hospital that forcibly subjected her to electroconvulsive therapy. This is the first time such a lawsuit has resulted in a victory.

On the 22nd (local time), British newspaper The Guardian and others reported on a ruling made on the 30th of last month by the People's Court of Changli County in Hebei Province, China. At that time, the Changli County People's Court ruled that the psychiatric hospital that administered electroconvulsive therapy without her consent must compensate the transgender woman, known by the pseudonym 'Ling'er (靈兒)' (28), with 60,000 yuan (approximately 10 million KRW).

Ling Earl, who was forcibly subjected to electroconvulsive therapy while hospitalized in a psychiatric hospital. Ling Earl social networking service (SNS), Yonhap News Agency

This woman, who is active as an influencer on social networking services (SNS), was forcibly admitted to a psychiatric hospital in Qinhuangdao City by her parents in July 2022. Ling'er, whose legal gender is 'male,' chose 'female' as her affirmed gender and came out to her parents in 2021. Afterward, Ling'er's parents strongly opposed this and eventually claimed that Ling'er's mental state was unstable, leading to her hospitalization in the psychiatric hospital.

Ling'er was hospitalized in this hospital for 97 days. During her stay, she claimed, "Electroconvulsive therapy was administered seven times without my consent," and "As a result, I developed a heart condition that requires ongoing treatment." She also stated, "I had no choice but to accept the treatment, and I fainted every time I received electroconvulsive therapy," adding, "The hospital tried to 'correct' me to conform to societal expectations." Subsequently, in August, Ling'er filed a lawsuit against the hospital, claiming "violation of human rights."

China's Mental Health Law states that psychiatric treatment cannot be forced unless there is a risk of self-harm or danger to others. In response, a doctor at the hospital countered with the strange logic that "if Ling'er's parents were to commit suicide due to her gender identity issues, it could become a dangerous situation." However, the court ultimately sided with Ling'er and ordered the hospital to pay compensation.

Upon hearing the news of Ling'er's victory, the international LGBTQ+ community rejoiced, saying, "Trans rights have won in China." Darius Longarino, a researcher at Yale Law School in the United States who mainly studies Chinese law and civil society, pointed out, "Doctors have been using harmful methods such as drug administration and electroconvulsive therapy for treatment purposes on homosexual and transgender individuals who are not patients with diseases that require treatment in the first place."

Meanwhile, according to a 2019 study conducted on 385 transgender youth in China, one-fifth of them reported having been forcibly subjected to so-called 'conversion therapy,' a treatment aimed at changing sexual identity.