A/HRC/44/26
discrimination and to adopt and pursue policies and programmes to eliminate them, including,
where appropriate, temporary special measures, and to provide adequate measures of
prevention and redress.40 The Committee on the Elimination of Racial Discrimination has
also elaborated on the gender-related dimensions of racial discrimination and focused on the
intersectionality of race and gender in its work, noting that racial discrimination will often
escape detection if there is no explicit recognition or acknowledgement of the different life
experiences of women and men, in areas of both public and private life.41 The United Nations
Entity for Gender Equality and the Empowerment of Women (UN-Women) has provided
guidance on collecting data on intersectional discrimination to monitor equality in, among
other things, sports.42
21.
The Convention on the Elimination of All Forms of Discrimination against Women
also requires States to modify sociocultural patterns and practices based on the idea of the
inferiority or the superiority of either of the sexes or on stereotyped roles for men and
women.43 “Gender stereotyping” refers to the practice of ascribing to an individual specific
attributes, characteristics or roles by sole reason of membership in the social group of women
or men.44 Applying the concept of intersectionality to gender stereotyping implies analysing
the ways that beliefs about race and gender together exacerbate harm in all aspects of public
and private life, and erect barriers to rights protection. 45 It is therefore imperative to address
social norms that restrict the participation of women and girls in sport based on both race and
gender stereotypes to ensure their equal participation.
22.
In the Durban Declaration and Programme of Action, 46 the intersectionality of
discrimination, including in sports, and the role of sports in addressing such discrimination
is emphasized. States are called upon to combat the negative influence of racist ideologies,
especially on young people, through formal and informal education, the media and sports. In
particular, States are urged, in cooperation with intergovernmental organizations, the
International Olympic Committee (IOC) and international and regional sports federations, to
intensify the fight against racism in sport by, among other things, educating the youth of the
world through sport practised without discrimination of any kind.
23.
Other relevant analyses of rights focus on norms protecting specific populations of
athletes, such as persons under 18,47 athletes with disabilities48 and athletes with variations in
sex characteristics.49
IV. Impact of female eligibility regulations on the enjoyment of
human rights
24.
Women began participating in elite sport in the early twentieth century, but their
inclusion was hindered by cultural ideologies about women’s bodies, including concerns
40
41
42
43
44
45
46
47
48
49
6
General recommendation No. 28 (2010) on the core obligations of States parties under article 2 of the
Convention, para. 18.
General recommendation No. 25 (2000) on gender-related dimensions of racial discrimination, para.
1.
Turning Promises into Action: Gender Equality in the 2030 Agenda for Sustainable Development
(2018).
Art. 5 (a).
OHCHR-commissioned report, “Gender stereotyping as a human rights violation”, October 2013,
available from www.ohchr.org/EN/Issues/Women/WRGS/Pages/Documentation.aspx. See also the
Convention on the Elimination of All Forms of Discrimination against Women, art. 5.
See A/HRC/35/10.
A/CONF.189/12 and Corr.1, chap. I.
Getting into the Game: Understanding the Evidence for Child-focused Sport for Development,
provisional full report (March 2019).
See the annual reports of the International Paralympic Committee. Available from
www.paralympic.org/ipc-publications.
See communication of 18 September 2018 submitted by special procedures of the Human Rights
Council to the International Association of Athletics Federations (IAAF) on regulations regarding
eligibility for the female classification (athletes with differences of sex development) (OL OTH
62/2018). See also OHCHR, background note on human rights violations against intersex people and
A/HRC/29/23.
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