A/HRC/32/33
being of young athletes is often delegated to States or national sporting organizations.
International sporting actors should standardize policies and protocols concerning the
participation of children in high-level or professional sport in order to protect the children’s
health and other human rights.
49.
Finally, States should take steps to fulfil the right to health of all children by
ensuring safe access to sport and physical activity and physical education, and through
provision of the goods, services, facilities and information necessary to enable all children’s
equitable participation.
B.
Lesbian, gay, bisexual, transgender and intersex people
50.
Historically, sport has often involved forms of “hegemonic masculinity”: boys and
men have frequently been enabled or encouraged to exhibit aggressive, violent or
discriminatory behaviour in competitive sport, including sexism, misogyny, homophobia
and transphobia.40 A welcome shift in this paradigm has occurred in a number of regions
and countries where homophobia has decreased, where this has included the area of sports.
Nevertheless, levels of homophobia, transphobia, and discrimination against intersex
people remain high in most countries. Those who are perceived to fall outside dominant
gender and heteronormative standards, including lesbian, gay, bisexual, transgender and
intersex people, continue to face discriminatory treatment and restrictions in sport,
including discrimination, harassment and violence, and a lack of safe and welcoming
spaces for participation.
51.
Numerous issues arise in respect of persons who are lesbian, gay or bisexual in the
context of sport. In a recent six-country survey, 80 per cent of respondents reported having
witnessed or experienced homophobia in sport, and nearly 20 per cent of gay men reported
having been assaulted during sports activities.41 In certain jurisdictions, lesbian athletes
have been harassed and subjected to violence, including “corrective rape”, on the basis of
their sexual orientation.
52.
Acts of violence, discrimination and marginalization represent human rights
breaches that prevent individuals from achieving the highest attainable standard of health.
More must be done to secure the full and safe participation of lesbian, gay and bisexual
people in sport and physical activity. States should decriminalize homosexuality and repeal
other laws used to arrest and punish individuals on the basis of their sexual orientation, and
should protect individuals by implementing and enforcing anti-discrimination laws, 42
including in sport.
53.
Moreover, sex segregation policies have led to multiple rights violations in sport.
Sex segregation has historically been justified on the basis of safety and fairness, rooted in
assumptions of male physical superiority. Various legal decisions have noted that this is a
generalization and have granted individual girls and women the right to compete in male
sporting competitions — although not vice versa.43 Although it is important to preserve
40
41
42
43
Jennifer Hargreaves and Eric Anderson, eds., Routledge Handbook of Sport, Gender and Sexuality
(Oxford, Routledge, 2014).
Erik Denison and Alistair Kitchen, Out On The Fields: The First International Study on Homophobia
in Sport (2015).
Paulo David, Human Rights in Youth Sport.
Erin Buzuvis, “Transgender student-athletes and sex-segregated sport: developing policies of
inclusion for intercollegiate and interscholastic athletics”, Seton Hall Journal of Sports and
Entertainment Law, vol. 21, No. 1 (2011).
13
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