Anamika Gautam, Ph.D. Student, Department of Law, Central University of Punjab & Diganta Sarania, L.L.M. Student, Department of Law, Assam Rajiv Gandhi University of Cooperative Management, Assam
ABSTRACT
Gender testing consists of sex verification practices prevalent in sports to determine whether an athlete is eligible to compete in a single-sex event or not. Precisely, it can be said that Gender tests are used in sports to determine an athlete's gender, so that instances of males pretending as females and gaining an unfair advantage in sports, is avoided. Initially, it included screening procedure that was introduced in sports in the mid-1960s. Only female athletes were examined to catch males impersonating women. As the testing methods (originally based on the premise of a binary, biologically determined concept of human gender) progressed from anatomic to cytogenetic, there was growing criticism of the underlying principles, assumptions, and methodology. Ironically, only females are subjected to these procedures. Although, it is undeniable that some men may naturally have higher testosterone levels than others and other natural characteristics that might provide them an edge over others, still neither they face discrimination nor their advantages are purported for regulation.
In that context, IAAF’s recent regulation is being objected as violative of human rights of female sports participants, specifically guaranteed under principles 4 & 6 of the IOC Charter. Court of Arbitration for Sport (CAS) being the highest authority for adjudication in International Sports related matter has authority to settle such dispute, but its rulings have garnered the reputation for neglecting human rights involved.
Keywords: Gender Discrimination, Hyperandrogenism, Disorders of Sex Development, Human Rights, Androgen Insensitivity Syndrome, Court of Arbitration for Sport (CAS), World Athletics.
