Women’s participation in sport: how is it regulated in international human rights law, and is Australia meeting its international obligations?

Abstract

ABSTRACTThis article explores the right under Article 13(c) of CEDAW of women to participate in sport on an equal basis with men. As this right has largely been neglected in the international legal sphere, the article draws on feminist scholarship in order to unpack the right and analyse its usefulness and weaknesses. In particular, the limitations of terms such as ‘women’ and ‘equality’ in the current international legal climate are contemplated, as well as the practice of sex segregation in sport. The article also considers Australia’s compliance with Article 13(c) of CEDAW by examining Australian legislation and case law in relation to women’s participation in sport. It argues ultimately that Australia is in breach of Article 13(c) for failing to provide equal participation in sport for women.