A/HRC/44/26
past decade.30 Coverage of women’s participation in sports considered to be more “masculine”
– such as basketball, weightlifting and boxing – is more likely to be accompanied with
examples of interconnected racist and gendered commentary.31
III. International human rights framework
17.
International human rights norms and standards place obligations on States to prevent
and provide redress for discrimination. These include specific treaty provisions regarding
State obligations of non-discrimination on the basis of sex, race and gender, in particular
those enshrined in the International Covenant on Economic, Social and Cultural Rights, 32 the
International Covenant on Civil and Political Rights, 33 the International Convention on the
Elimination of All Forms of Racial Discrimination and the Convention on the Elimination of
All Forms of Discrimination against Women, and in the jurisprudence emanating from the
related treaty bodies. The Convention on the Rights of the Child also guarantees the right to
equal participation of girls in sport and the protection of the rights of athletes under the age
of 18.
18.
The Convention on the Elimination of All Forms of Discrimination against Women
requires States to ensure that women have the same opportunities to participate actively in
sports and to take all appropriate measures to this end. 34 The Committee on the Elimination
of Discrimination against Women has also raised concerns that women and girls, in particular
those with disabilities, do not fully participate in sports, owing to discriminatory stereotypes
and prejudices. 35 The Committee on the Rights of Persons with Disabilities has also
expressed concerns about the limited participation of women and girls with disabilities in
physical education in schools, and in national tournaments and sports leagues. 36 States have
also committed, in the Beijing Declaration and Platform for Action, to supporting the
advancement of women in all areas of athletics, including coaching, training and
administration, and as participants at the national, regional and international levels. 37 In 2018,
the General Assembly, in its resolution 73/24 on sport as an enabler of sustainable
development, called for attention to gender equality and the promotion of human rights in
sport.
19.
Fulfilling these legal obligations requires an understanding of how race and gender
discrimination intersect in sport and in society more broadly. As noted by the United Nations
High Commissioner for Human Rights in a 2017 report, several international instruments and
human rights mechanisms explicitly recognize the impact of intersecting forms of
discrimination on the enjoyment of human rights by women and girls, including intersections
with race, ethnicity, religion, nationality and migration status. 38 In that report, the High
Commissioner also explained that the concept of intersectionality captures the consequences
of two or more combined systems of discrimination, and addresses the manner in which they
contribute to create layers of inequality. 39
20.
The Committee on the Elimination of Discrimination against Women has identified
intersectional analysis as essential to understanding the scope of the general obligations of
States parties, and has called upon them to legally recognize such intersecting forms of
30
31
32
33
34
35
36
37
38
39
Kara Allen and Cynthia M. Frisby, “A content analysis of microaggressions in news stories about
female athletes”.
Ibid.
Arts. 2 (2) and 3. See also Committee on Economic, Social and Cultural Rights, general comment No.
20 (2009) on non-discrimination in economic, social and cultural rights, paras. 20 and 32.
Arts. 2 (1), 3 and 26. See also Human Rights Committee, general comments No. 18 (1989) on nondiscrimination and No. 28 (2000) on the equality of rights between men and women; and Genero v.
Italy (CCPR/C/128/D/2979/2017), para. 7.6.
Art. 10 (g).
See CEDAW/C/PSE/CO/1, para. 40 (b); CEDAW/C/KAZ/CO/5, para. 41 (e);
CEDAW/C/BWA/CO/4, para. 39; CEDAW/C/ITA/CO/7, para. 43; and CEDAW/C/FRA/CO/7-8,
para. 38 (b).
See CRPD/C/SAU/CO/1, para. 53. See also CRPD/C/BOL/CO/1, para. 67 (a).
Para. 83 (m).
A/HRC/35/10, para. 4.
Ibid., para. 7.
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