Abstract
This paper examines the regulatory gaps in the protection of athletes’ gender rights in sport. The regulation of human rights in sport is increasingly being scrutinised and at the same time, the societal parameters of sex and gender identity are shifting. Together, these current developments present a regulatory riddle when determining how to balance the interests of sport with the protection of non-conforming athletes’ rights, who may not strictly fit into the binary categories of sport. Despite a strong human rights framework protecting gender rights, the complex relationship between law and sport leaves athletes in a vulnerable position, with limited accountability of sports bodies and restricted access to a legal remedy. Drawing upon existing recommendations, this paper offers original insight for resolving the riddle, such as the establishment of an anti-discrimination in sport unit to enforce human rights in sport.
Highlights
Recent years have witnessed increasing attention being afforded to the promotion of athletes’ human rights, and this has given rise to something of a regulatory riddle when determining how to guarantee those rights in the context of sport
Even if a physical advantage was conclusive and the Semenya v International Association of Athletics Federation (IAAF) decision was justified, it becomes a question of what sport is willing to accept and what degree of difference we are willing to allow in sport, as society shifts to recognise a broader range sex and gender
Since she was not bound by any forced sport arbitration clauses, Worley brought a legal challenge against the Union Cycliste Internationale (UCI), Cycling Canada (CC) and Ontario Cycling Association (OCA) claiming that she was subject to sex discrimination under the gender verification policies, and this constituted a breach of the Ontario Human Rights Code
Summary
Recent years have witnessed increasing attention being afforded to the promotion of athletes’ human rights, and this has given rise to something of a regulatory riddle when determining how to guarantee those rights in the context of sport. Whilst a strong framework of human rights provisions exists to protect individuals from gender discrimination, the intricate relationship between sport and the law has left these athletes in a vulnerable position, with little legal accountability of sport bodies and limited access to a remedy where gender rights may have been breached. The International Sports Law Journal system, this paper will draw upon the existing proposals for rectifying the regulatory gaps, and make original recommendations such as the establishment of the International AntiDiscrimination in Sport Unit (IADSU). This body would be designed to eradicate discrimination and enforce broader human rights in sport. The paper and proposals emphasise but are not confined to anti-discrimination alone; other inalienable rights are at stake here (mentioned below) and require protection in the same way
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