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.
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