(In) justice in sports: Are the World Athletics eligibility regulations for female athletes with differences in sex development discriminatory against intersex persons?
Date
2021-03
Authors
OTIENO, GERALD OCHIENG
Journal Title
Journal ISSN
Volume Title
Publisher
Strathmore University
Abstract
The Main objective of this paper is to investigate whether the World Athletics eligibility regulations for female athletes with differences in sex development are discriminatory against intersex persons. In doing so, it first investigates the effect and impact of the application of these regulations on female -identifying intersex athletes with hyperandrogenism. These athletes are the primary individuals covered by the regulations. It then analyses the claim of discrimination in light of the Olympic charter, World Athletics Charter and the application of the international human rights norms of equality and non- discrimination.
Description
Freedom from discrimination is enshrined in the Universal Declaration of Human Rights (UDHR). The UDHR provides that all human beings are born free and equal in dignity and rights. Additionally, they are entitled to all the rights and freedoms set forth without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. This echoes Article 26 of the International Covenant on Civil and Political Rights (ICCPR) which highlights the equality of every person before the law including the equal protection of person by the law without any avenue of any kind of discrimination.