A/HRC/32/33 “classification” by sports bodies of persons as male or female within sex-segregated sport — for those undergoing gender transition through clinical treatment and for those who are not — as well as concerns with regard to the arbitrary nature of such classifications. The barriers that this presents to participation are unwarranted and unfair. 59. Encouragingly, the recent consensus statement of the International Olympic Committee on sex reassignment and hyperandrogenism addresses this issue. However, consensus should be reached among all international sporting bodies and national governments, in consultation with transgender organizations, on participation by transgender people and non-binary people in sporting competitions. Policies must reflect international human rights norms, should not exclude transgender people and non-binary people from participation and should not require irrelevant clinical data or unnecessary medical procedures as a precondition to full participation. 60. At the amateur level, sporting facilities and teams can be hostile spaces for transgender athletes, including non-binary people. Barriers include poorly designed changing rooms, requirements to wear clothing that might cause individual discomfort or hinder bodily movement, and restrictions on the use of sex-segregated bathrooms. 61. The repeal of laws criminalizing transgender people on the basis of their gender identity or expression, and the legal recognition of gender identity based on selfidentification (without abusive requirements) is a prerequisite for transgender people to access sports and enjoy healthy lifestyles. States, sporting organizations and other actors should adopt anti-discrimination policies that permit all persons to participate in amateur sport on the basis of their self-identified gender. Practical steps to create welcoming spaces for participation in sport and physical activity for transgender people and non-binary people could include the installation of appropriate changing rooms, the sensitization of sporting communities, and the enforcement of anti-discrimination laws in the sporting context. C. Women 62. In addition to the rights outlined in the International Covenant on Economic, Social and Cultural Rights, article 13 of the Convention on the Elimination of All Forms of Discrimination against Women guarantees women equal rights to participate in recreational activities, sports and all aspects of cultural life, without discrimination. This is reinforced by the obligation under article 10 of the Convention on the Elimination of All Forms of Discrimination against Women to take all appropriate measures to eliminate discrimination against women in respect of education, ensuring to women the same opportunities as to men to participate actively in sports and physical education. Article 5 of the same Convention also requires States to eliminate stereotyped roles for men and women, which equally applies in the field of sport and physical activity. 63. Securing the right of women to participate in physical activity can improve women’s health. Women experience certain health risks at higher rates than men at various points in their lifespan, which are mitigated by exercise. For example, regular weight-bearing exercise has been shown to reduce the incidence of osteoporosis, a bone disease experienced primarily by postmenopausal women.51 Risks of other illnesses suffered almost exclusively by women, such as breast cancer, can also be modified through the promotion of physical activity and healthy lifestyles. 51 Tracey Howe and others, “Exercise for preventing and treating osteoporosis in postmenopausal women”, Cochrane Database of Systematic Reviews, Issue 7. 15

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