World Athletics regulations unfairly affect female athletes with differences in sex development

ABSTRACT

World Athletics have introduced regulations preventing female athletes with certain differences in sex development from competing in the female category. We argue these regulations are not justified and should be removed. Firstly, we examine the reasoning and evidence underlying the position that these athletes have a substantial mean difference in performance from other female athletes such that it constitutes an advantage, and argue it is not sufficient. Secondly, if an advantage does exist, it needs to be demonstrated it is unfair. We argue the advantage would not be unfair because to say otherwise relies on a presupposition about whether these athletes are female, which involves contradictory and inconsistent definitions of sex. Thirdly, we contend that even if it is established that there is an advantage and it is unfair, the response of requiring athletes to take testosterone-suppressing medication is not appropriate and is unfair.

KEYWORDS:

• Sport
• female athletes
• differences in sex development
• 5-ARD
• Caster Semenya

Acknowledgments

Research conducted at the Murdoch Children’s Research Institute was supported by the Victorian Government’s Operational Infrastructure Support Program. This research was supported by an Australian Government Research Training Program (RTP) Scholarship.

Disclosure statement

No potential conflict of interest was reported by the author(s).

Notes

1. We note that there is some debate about the most appropriate language to use in this context.

Additional information

Funding

This research was funded in whole, or in part, by the Wellcome Trust [Grant number WT203132/Z/16/Z]. For the purpose of open access, the author has applied a CC BY public copyright licence to any Author Accepted Manuscript version arising from this submission. No new data were created during the study.