What’s just happened?

Women from the Global South who excel as athletes deliver economic stability for themselves and their families. They open up a world full of opportunities; from scholarships to purchasing property and buying food. They uphold their family’s wealth and aid the economy.

Many athletes who were interviewed by Human Rights Watch came from a background of poverty. Competing was their livelihood, and a way to break gender-based traditions. There have been cases where departure or disqualification of female athletes has deteriorated both the athletes and their family’s economic wellbeing.

By dropping these regulations, women will not be afraid to compete. It can aid the economy and remove stereotypical traditions which are deeply rooted in the Global South.

What does this mean?

As stated, the regulations of sex testing itself are demining, discouraging, and discriminatory. It can also have a long-lasting impact on the athletes themselves. Annet Negesa, who was the winner of the 800m in the African Games stated that she was ‘left in the dark’ about the long-term implications of a gonadectomy, a surgical procedure to remove the internal testes. This would have reduced the high testosterone which her body was producing.1

After the procedure, Negesa became incredibly sick and thought she would die. She currently suffers from joint pain and other issues due to the procedure. All of which were not discussed nor mentioned to her during her consultations.2

She was not alone. Human Rights Watch conducted research in 2019 and interviewed affected athletes, coaches, officials and relevant experts. Several women said that they began to feel intense shame, and consider withdrawal from sport. These regulations had a heavy impact on their livelihood and some even attempted suicide.3

The research includes numerous testimonies portraying the humiliation, confusion and discrimination against athletes from the Global South. For anonymity some athletes have been addressed by initials.

P.H, who was sex tested and then ruled ineligible under World Athletics regulations said;

“The doctor asked me about my life and did a physical exam where she checked my chest, my genitals, even inside, and she asked did I menstruate, did I have a girlfriend or boyfriend.”

A coach who worked alongside several women that were impacted by the sex regulations had stated;

“to say that these athletes should take drugs to reduce their [testosterone] levels, which can create other side effects, it’s horrendous. That’s almost – in my simplistic way of looking at it, that’s almost a doping issue in itself. Forced doping – systemic doping.”

Human Rights Watch also spoke to Dr Thomas Seppel, an endocrinologist who assessed women from the Global South stated;

“Based on the conversation I had with the patient, I can say that my impression is that she did not understand or did not know exactly what was done to her, and what further care or therapy was required or what the consequences are for her.”

Women are risking their lives to undergo procedures which can cause them complications for years to come.

The Office of the UN High Commissioners for Human Rights has recommended that sex testing is to be revoked.4 The World Medical Association also added that physicians around the world should not take part in the regulations.5

President of The World Medical Association, Dr Leonid Eidelman, said:

‘We have strong reservations about the ethical validity of these regulations […] they are also contrary to a number of key WMA ethical statements and declarations, and as such we are calling for their immediate withdrawal’.6

Despite this nudge, the sporting industry is regulated by several entities and is incredibly complex. Tackling this problem is much more difficult as each entity has a different correspondence to human rights mechanisms.7 For this reason, it has been a struggle for all athletes to be exposed to the same regulations and this itself goes against the explanation for the notion of sex testing.

Written by Ammarah Kabir

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#Global Sports Advocates LLC #Al Tamimi & Company #4NewSquare #Bird & Bird #Captivate Legal & Sports Solutions #Dentons #Blackstone Chambers

References:

[1] '“They’re Chasing Us Away from Sport”' (Human Rights Watch, 2020) <https://www.hrw.org/report/2020/12/04/theyre-chasing-us-away-sport/human-rights-violations-sex-testing-elite-women>

[2] Ibid

[3] 'End Abusive Sex Testing for Women Athletes' (Human Rights Watch, 2020) <https://www.hrw.org/news/2020/12/04/end-abusive-sex-testing-women-athletes>

[4] Ibid

[5] Ibid

[6] Ibid

[7] Ibid

Disclaimer: This article (and any information accessed through links in this article) is provided for information purposes only and does not constitute legal advice.