Regulating the participation of transgender people in sporting competitions is a complex issue at the intersection of law, sport and gender studies. It is an area in which the rights and legal interests of various social groups intertwine, and where the boundary between the autonomy of sporting organisations and national and international law is not entirely clear. This master’s thesis examines the tension between the principle of non-discrimination and the principle of the autonomy of sports organisations as just two of the possible legal perspectives regarding the participation of transgender people in sporting competitions, whilst presenting the rules of sports organisations, the relevant national and international law, case law and the perspective of human rights protection. By reviewing the rules of sports organisations on the classification of elite athletes into categories based on sex, this master’s thesis outlines the current legal position of transgender athletes in elite sport. By weighing up the relevant human rights, this master’s thesis also examines whether the currently applicable regulations on classifying transgender people into categories based on sex are consistent with the principle of non-discrimination, and highlights the challenge of striking a balance between biological characteristics, gender identity and the rules of autonomous sports organisations.
|
