Not Woman Enough: How World Athletics’ Treatment of Women with Differences in Sexual Development Violates the Olympic Charter and the UN’s Conventions Against Racial Discrimination and Discrimination Against Women

Authors

Rachel Crass

Abstract

In 1966, in response to growing fears that men would attempt to pose as women to win medals in elite competition, the International Olympic Committee (IOC) began gender testing all female athletes through various visual and gynecological evaluations. These tests were quickly deemed to be too invasive and were replaced by other chemical and genetic tests as scientific capabilities advanced. The new tests led to the disqualification of dozens of elite female athletes after results revealed latent Y chromosomes in women with androgen insensitivity conditions. After multiple leading medical societies and international sports governing bodies called for an end to mandatory genetic testing, the IOC ceased mandatory testing in 2000, instead allowing individual sports to conduct their own biological screening as desired. As a result, the International Association of Athletics Federations (IAAF, now World Athletics, WA), has implemented a series of regulations and testing protocols designed to limit the amount of testosterone that female track and field athletes are allowed to produce. Women with natural testosterone over the limit are required to undergo surgery or take hormone supplements to reduce their testosterone to compete in the female division. No upper limits exist on the amount of testosterone male athletes’ bodies may naturally produce. While the policies appear to be facially neutral for all women, they are triggered by subjective characteristics of a woman appearing too masculine and are known to have been enforced only on black women from Africa. While international treaties typically do not apply to non-state actors, the IOC is a permanent observer to the United Nations (UN) General Assembly and has worked closely with the UN on several joint sport initiatives. The IOC has also voluntarily agreed to abide by several international human rights treaties to eliminate all forms of discrimination in the Olympic movement. Because WA is currently enforcing the restrictions only on African women, WA is in violation of the Olympic Charter and international treaties against racial and gender discrimination. As such, the IOC is duty-bound to suspend WA’s testosterone restrictions.

Recommended Citation

Rachel Crass, Not Woman Enough: How World Athletics' Treatment of Women with Differences in Sexual Development Violates the Olympic Charter and the UN's Conventions against Racial Discrimination and Discrimination against Women, 52 Denv. J. Int'l L. & Pol'y 315 (Spring 2024).