HRC: TQO transgender athletes competing in international sporting events
FORUM: Human Rights Committee
QUESTION OF: Transgender Athletes Competing in International Sporting Events
SUBMITTED BY: Malta
CO-SUBMITTERS: Canada, Chile, Germany, Greece, Ireland, Mexico, South Africa, Spain, United States of America,
THE HUMAN RIGHTS COMMISSION,
Reaffirming the Universal Declaration of Human Rights and recalling the International Covenant on Economic, Social and Cultural Rights, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Rights of the Child and all other relevant international human rights instruments,
Recognising the value of sport as a universal language that educates people on the values of respect, dignity, diversity, equality, tolerance and fairness that should be accessible, inclusive, and safe for all human beings regardless of gender identity,
Aware of the country's rights of deciding those who are representing their nation,
Expresses concern that regulations, rules and practices that require female athletes with differences of androgen sensitivity, levels of testosterone and sex development to medically reduce their blood testosterone levels may violate international human rights norms and standards, including the right to equality and non-discrimination, the right to the highest attainable standard of physical and mental health, the right to sexual and reproductive health, the right to work and to the enjoyment of just and favourable conditions of work, the right to privacy, and the right to full respect for the dignity, bodily integrity and bodily autonomy of the person,
Concerned about an emerging issue regarding the current sports policies affecting transgender athletes is that the governing bodies of different athletic organizations have different policies that these athletes must follow to be included in any sports competitions,
Recalling that the International Olympic Committee set its first guidelines for trans athletes back in 2003. Between 2003 and now, there were minor changes, the last being in 2015,
Aware that the LGBTQ community has difficulty with doing sports and having activities in the sports field. proclaims there should be a law that everyone regardless of what gender they are or what religion they have they can do whatever sports they want,
1) Requires legal identification of gender in order to participate in international sports events, preventing the use of the right of choice of gender as an advantage;
2) Calls for a UN-funded research team to conduct a thorough investigation into the performance differences of a wide range of trans athletes in order to properly understand and inform lawmaking and regulations with reviewed scientific fact, investigating factors such as:
a) The effects of Hormone Replacement Therapy (HRT) on performance and how time on treatment has an affect on these variables as well as the accuracy of the use of testosterone levels as a performance marker,
b) Physical changes to muscle mass and build as affected by testosterone levels and how these changes impact performance pre and post transition and the different advantages and disadvantages of being assigned the opposite gender at birth in different sports in order to modify regulations accordingly;
3) Requests the creation of a new UN sub-body regarding the question of transgender athletes participating in international sporting events, encouraging the following rules and regulations;
a) Allow transgender athletes to participate in the gender category matching their identity provided they have, in ways such as but not limited to,
i) fully transitioned before the age of 13, therefore never having developed the physical and hormonal characteristics of their sex assigned at birth,
ii) Passed a physical and psychological examination to prove complete medical transition,
iii) Has gone through at least 36 months of Hormone Replacement Therapy (HRT),
4) Further calls for the creation and implementation of a UN- led education campaign to;
a) Inform and educate the sporting community and general public about transgender athletes and combat harmful misconceptions that threaten the safe environment of sport;
b) Provide accurate and reliable online sources for people looking to educate them self,
c) launch a mass media campaign to destigmatize and spread awareness on the discrimination that transgender athletes face while competing in international sports,
5) Calls upon countries to provide free counseling services to transgender people who are involved in sport to support their transition and affirm them in their gender identity;
6) Further requires all commentators to address transgender athletes with the correct name and pronouns, as well as educating them on the correct and adequate procedures to avoid any episodes of transphobia;
7) Invites countries to initiate proper, researched education programs in primary level and second level education as well as workshops in work places and sports clubs that inform people on respectful treatment of transgender people in sport and in general such as but not limited to;
a) correct terminology to use when talking to someone who falls into the category of transgender,
b) The history of transgender athletes and their struggles for equality,
c) Detailing the effects of transphobia on a person,
d) What actions or language is considered transphobic,
e) How to call transphobic people out and make all environments especially sporting more comfortable for transgender people.
