JuristaFeminista

Legal analysis of the great sporting injustice of the year

The nomination of Imane Khelif as the third best female athlete of the year by the Associated Press has generated a controversy that transcends the sporting sphere. This recognition not only lacks legitimacy as it is based on a fallacy and violates the fundamental principles of sport and women’s rights, but it is also a provocation.

As confirmed by the leak of his medical report that we learned about in Iusport in August and November of this year, Khelif is not a woman; but a male who presents with differences in sexual development (DSD), with a diagnosis of 5-alpha-reductase deficiency that includes XY chromosomes, testicles in the inguinal canals, micropenis and elevated testosterone levels. typical of a person who has gone through male puberty. Thus, het has the considerable competitive advantages that come from being faster, taller, stronger and more resistant than women, as demonstrated by science, recently reiterated by Tucker, Hilton et al.

In this article we will abound in the well-founded reasons previously raised by the International Consortium on Women’s Sport why this new recognition lacks legitimacy, as Khelif not only should not have competed in the women’s category, but should be stripped of all the medals, awards and distinctions she has received as one of the best exponents of women’s sport in 2024, since he lacks the sine quo non requirement to compete in the women’s category.

In sport, sex matters

The case of Khelif highlights an indisputable scientific truth: biology is a key determinant of athletic performance. As has been shown in various studies, including those led by Dr. Emma Hilton, males who go through male puberty develop significant physiological and anatomical advantages, such as increased
strength, lung capacity, and bone density, which are not eliminated by hormone suppression.

In contact sports such as boxing, these differences not only compromise the fairness of competition, but also pose a risk to the safety of female athletes, who even take on the dimension of violence, as evidenced in the Report of the UN Special Rapporteur on violence against women and girls. where it has been pointed out that the female category must be only for women and girls.

Otherwise, the rules of the Convention on the Elimination of All Forms of
Discrimination against Women (CEDAW), the Olympic Charter and all the
internal rules that govern the different sports, where protection against discrimination based on sex is recognized, are violated, as well as various
guarantees aimed at ensuring fair play. Khelif’s participation in the women’s category, endorsed by her status as a ‘legal woman’ in Algeria, was allowed by the International Olympic Committee (IOC) under criteria that ignore eligibility standards based on scientific evidence, as well as those of the International Boxing Association (IBA). The latter had excluded Khelif in previous competitions after proving her XY karyotype and hormone levels incompatible with the women’s category.

An undeserved recognition

Awarding Khelif as the third-best female athlete not only ignores these facts, but trivializes the struggles of women athletes to preserve the integrity of their competitions. This award does not recognize sporting merit, but rather perpetuates a system that allows men to occupy spaces designed to guarantee equal opportunities for women. And it’s not just a matter of prizes; It is a blow to the dignity and effort of the athletes who competed at a disadvantage against a rival with insurmountable biological advantages.

A Question of Human Rights and Sports Ethics

Khelif’s inclusion in the women’s category and subsequent recognition violate the human rights of women athletes by denying them access to a fair and safe playing field. According to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the recent report of the UN rapporteur on violence against women in sport, female categories should be exclusively for biological women. These recommendations do not seek to discriminate against men with DSD or self-identified transgender, but to protect women’s rights, the integrity of women’s sport, and the principle of fair play.

Allowing men to compete in the women’s category not only violates the rules of fair play, but also sends a dangerous message: that women’s rights can be ignored in the name of misunderstood inclusion, because it excludes women from our own category. This precedent is particularly troubling in a context where democratic states have a responsibility to ensure that their laws and policies do not perpetuate forms of violence and discrimination against women.

Fair play cannot be optional

Sport is a reflection of the values of society, and its practice should be based on equity, fairness and respect for the rules. Recognizing Khelif as one of the best female athletes of the year makes a mockery of the efforts of thousands of women who try to compete under fair conditions and amid conditions that are often neither dignified nor equitable. It is time for sports organizations and governments to review their policies to ensure that the women’s category remains a space of equity and real merit.