Navigating the legal landscape for transgender athletes : legislation, policies, and the future

Abstract

This dissertation critically examines the inclusion of transgender athletes in sports, focusing on the intersection of sports governing bodies' policies, international human rights law, and national legal frameworks. Through an analysis of eligibility criteria and policies from major sports organisations such as the International Olympic Committee and World Athletics, the study highlights inconsistencies and conflicts in the treatment of transgender athletes. It explores how these policies and criteria align—or fail to align—with broader anti- discrimination laws and international human rights conventions. The research identifies significant gaps and challenges in the implementation of uniform and inclusive policies, particularly the lack of scientific consensus and the complexity of applying universal standards across diverse sports contexts. The dissertation calls for urgent reforms, including the harmonisation of sports policies and eligibility criteria with international human rights standards, the development of new legal frameworks, and further research to address ongoing gaps. The study underscores the need for a balanced approach that respects both the rights of transgender athletes and the integrity of sports, advocating for a collaborative effort among stakeholders to create a more inclusive and equitable sports environment.