Abstract

In 2011 the IAAF introduced the Hyperandrogenism Regulations in an attempt to deal with a difficult problem; that of ensuring ‘fair’ competition in female athletics as a result of athletes with differences in sexual development competing against women without such conditions. In 2015, following a challenge to those regulations by Indian athlete, Dutee Chand, The Court of Arbitration for Sport (CAS) considered the merit of the regulations and determined that there was insufficient scientific evidence to justify their imposition. The regulations were suspended by the CAS, until more convincing evidence could be provided (CAS 2014/A/3759 Chand v AFI and IAAF). The IAAF duly commissioned further research (Bermon and Garnier, 2017) and introduced amended regulations (the Eligibility Regulations for Female Classification (the DSD Regulations)). Although not universal, the IAAF has faced significant criticism from several angles about its approach to the problem. In particular, there has been criticism of the value of the scientific research on which the regulations are based (Franklin et al., 2018; Karkazis et al., 2012; Koh et al., 2018; Sőnksen et al., 2018; Tucker, 2017, Pielke, Tucker & Boye 2019) and also from those in the ethical and human rights fields seeking to ensure that the rights of individual athletes are protected (Adair, 2011; Buzuvis, 2016; Koh et al., 2018). In light of such criticism, this paper considers the IAAF’s approach in dealing with the perceived problem and considers its conduct against an objective framework of ‘good sporting governance’ (Geeraert, 2013; Henry and Lee 2004). It is this paper’s contention that the IAAF’s approach to rule creation in this area demonstrates less than ideal governance practice and, in doing so, notes the role of historical, cultural and institutional barriers as well as an over-reliance on insufficiently conclusive scientific evidence to provide a seemingly objective solution to a fundamentally more complex problem.

Highlights

  • In light of such criticism, this paper considers the International Association of Athletics (IAAF)’s approach in dealing with the perceived problem and considers its conduct against an objective framework of ‘good sporting governance’

  • It is worth emphasizing that the wording is unequivocal and there is no qualification to the objective of rejecting discrimination; there is nothing to suggest that discrimination is acceptable in some circumstances or in relation to some characteristics

  • There are particular concerns about upholding and promoting principles of integrity, solidarity and fair play stemming from human rights interferences that necessarily result from implementation of the regulations

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Summary

Introduction

That compelling sport requires a level playing field is a well-used metaphor and one that is often taken to be the cornerstone of competitive sport. The metaphor expresses the idea that competitors are required to follow the same rules and are given the same opportunity to compete. Sport does not require complete equality between competitors. As a meritocracy, compelling sport requires inequality; it requires that individuals or teams can be ranked by reference to how they make use of their natural biological advantages (both physiological and psychological) or to find advantages through strategy or, in some cases, even through technology and financial power. Requires merely an approximation of equality between competitors; enough equality to make it interesting but not so much that it makes it impossible to determine winners and losers

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