‘Gender Verification Issues in Women’s Competitive Sports: An Ethical Critique of the IAAF DSD Regulation’

ABSTRACT

In 2018 the World Heath Organization decided to re-examine the classification of gender identity disorder and exclude it from being defined as a mental illness. This re-examination means that sex and gender do not have a single meaning It can be argued that the WHO decision presents an ethical dilemma for competitive sports, since a more concrete definition of gender is required to determine the category in which an athlete will compete without the violation of basic human rights or the violation of fair play in sport. The example of Caster Semenya illustrates the ethical dilemma that arises in this situation. In what follows, I will discuss: 1) the circumstances and background of Semenya’s eligibility; 2) the conflict between moral values that arises here; 3) an ethical interpretation of the International Association of Athletics Federation (IAAF)’s claim regarding Semenya’s case; and lastly 4) the acceptable level of injustice in competitive sports. From these perspectives, I will offer a practical philosophical discussion of the IAAF’s new regulations using Semenya’s case as an illustrative example and clarifying the difference between ‘discrimination’ and ‘distinction’. This paper partially affirms the Differences of Sexual Development (DSD) regulations issued by the IAAF in 2018. Its intention is not to completely support the IAAF’s regulations, however, but rather to show that the paradigm of modern sports itself can be a target of criticism.

KEYWORDS:

• Gender
• sex
• competitive sports
• Caster Semenya

Disclosure Statement

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

Notes

1. For instance, see the URL and check the ICD-11: https://icd.who.int/browse11/l-m/en#/http%3a%2f%2fid.who.int%2ficd%2fentity%2f411470068 (19/05/2020 accessed).

2. Hyperandrogenism is defined as ‘a state characterized or caused by an excessive secretion of androgens by the adrenal cortex, ovaries, or tests’. see URL http://medical-dictionary.thefreedictionary.com/hyperandrogenism (05/01/2020 accessed).

3. Camporesi and McNamee further state: ‘To the question “For the purposes of international competition, how ought one to define femaleness or womanhood?” our answer is that it is fair to be considered a woman in competition when one is legally recognized as such.’(2018, 144).

4. CAS insists that athletes with 46 XY DSD have testosterone levels well into the male range. See CAS (2019b) Executive Summary. URL: https://www.tas-cas.org/fileadmin/user_upload/CAS_Executive_Summary__5794_.pdf.

5. The IAAF insists that ‘[…] in addition to separate competition of categories based on age, the IAAF has also created separate competition categories for male and female athletes’. See file:///C:/Users/hanam/Downloads/IAAF%20Eligibility%20Regulations%20for%20the%20Female%20Classi%20(1).pdf (19/05/2020 accessed).

6. It is equally important to note that both parties have a common understanding that female and male athletes have much different competitive ability. For instance, Caster Semenya expressed that ‘…women with DSD cannot compete against men because their athletic performance is inevitably significantly below that of men at the same level of competition.’ (CAS 2019a, 13).

7. In fact, I do not endorse utilitarianism ethically in general. Actually, as a sport philosopher my philosophical background is rooted in Kantian deontology.

8. For instance, see Smart and Williams (1973) ; de Lazari-radek and Singer (2017).

9. See Hellman (2008).