GENDER RIGHTS IN SPORTS AND GAPS IN ATHELETE PROTECTION - A Regulatory Minefield

 

We cannot fit a multi-gender world into a two-gender system of sports.

Abhijit Naskar

Sport, regardless of gender, colour, age, ability, religion, political affiliation, sexual orientation, or socioeconomic background, is considered as having a critical societal function in developing education, health, intercultural discourse, and personal growth.

Human rights standards in sports are being studied more closely as sex and gender identity norms alter. When taken together, these recent changes pose a regulatory problem in establishing how to strike a balance between the demands of sport and the rights of athletes who may not fit into the binary categories of sport. Despite a strong human rights framework that promotes gender equality, the complex interactions between law and sport leave athletes vulnerable, with little accountability from sports authorities and little legal recourse.

Women, including transgender and gender nonconforming people, have human rights that must be protected in sports.

Athletes, particularly transgender women and women with additional sex characteristics, have been mistreated and severely impacted, even when sport regulating bodies believe they have put in place the essential precautions.

When it comes to eligibility rules, the right to health, the right to privacy, the right to work, the right to bodily autonomy and integrity, the right to equality and non-discrimination, the freedom from torture and cruel treatment, and, of course, the right to gender self-identification and participation in sport are all under threat.

According to the IOC, which has been working on drafting and implementing a human rights plan, and FIFA, which has made a legislative commitment to human rights, inclusivity and non-discrimination are basic values and a starting point in this discourse.

As a result of the IOC and FIFA's human rights-based policy, interdisciplinary working groups comprised of human rights specialists, as well as medical and legal experts, have been formed. They are also holding long and fruitful consultations with affected communities and other key stakeholders.

The IOC is providing a new framework to assist International Federations in designing their own eligibility requirements. A rights-based approach is effective in balancing ideals such as equality, justice, and safety with inclusion and non-discrimination.

FIFA is considering changing the conditions for participation in its own events, but they are also considering providing guidance and training to their Member Associations on how to address this sex and gender policy issue at the national level in a way that is human rights compliant. Other International Federations are expected to follow suit, as it is common for international laws to be misconstrued at the national level, resulting in serious injury to athletes.

States have moved in accordance with their own commitments to prohibit sex discrimination as well as gender identity or expression, which has obvious ramifications for the athletic community. UN authorities are asking states to legislate and defend transgender and intersex people's rights.

National laws have been used to hinder the application of international sporting standards on the basis of human rights concerns.

Written by

Akshay Singh Rawat

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