INTRODUCTION
In sports, many policies and practices are created to maintain fairness among all the players. Yet these policies have now become a breeding ground for generating discrimination targeting some athletes, especially women athletes with naturally high testosterone levels. Throughout the years, many athletes like Dutee Chand, Imane Khelif, and Caster Semenya have been denied or banned from certain sports events because of their naturally high testosterone levels. These athletes had to go through immense bullying and horrendous tests to prove their talent. This questions the validity of traditional sex-based tests and how they are completely invasive when it comes to an athlete’s body. The cases of the athletes mentioned above shed light on the various challenges they face due to unfair regulations laid down by international bodies.
TESTOSTERONE AND HYPERANDROGENISM
Many international organizations use testosterone levels in women athletes as a basis for what they call “levelling the field”. In their opinion, a female athlete suffering from Hyperandrogenism, a condition in which there is excess production of the male hormone or testosterone, gives them an unfair advantage over their peers. Organizations like the World Athletics have implemented regulations where women with high testosterone levels are required to lower them using medicines to be able to compete in women’s categories. Even though these regulations have been made to ensure fairness, these hormone therapies have proved to be more harmful to the athletes physically mentally, and socially.
Contrary to popular belief, an athlete’s performance doesn’t solely depend on such hormones. Studies have been conducted that show that factors like genetics, training, diet, and environment play significant roles in their performance. There are arguments that testosterone plays a different role in the performance of each individual. Hence, there is a huge contention about it being used as the sole determinant to determine whether female athletes are eligible to participate in a sport.
THE LEGAL AND ETHICAL IMPLICATIONS OF THESE REGULATIONS
Violation of Human Rights
The regulations and policies specified often tend to violate human rights due to their invasive nature. Sex-based tests tend to promote gender discrimination and dehumanize the athletes to a level where they have to face the contempt of society. These policies also strip away the autonomy one is entitled to on one’s body. They are a gross infringement of an athlete’s privacy. They disproportionately affect women from marginalized communities where there is already a dearth of resources and training facilities. Targeting these athletes leads to further stigmatization and demoralization as they are punished for something that is naturally occurring and beyond their control.
The United Nations and many Human Rights Organizations have condemned the usage of such tests as they take away the dignity of a person. The intense scrutiny, coercion, testing, and policing hurt the psyche of the athlete. The social stigma caused due to the rumours generated because of these tests has often led to online harassment and public altercations. It is imperative to address this issue to ensure that no athlete faces such discrimination and humiliation in the future.
Scientific Ambiguity
The scientific basis for testosterone regulations is not definitive. While scientific reports do indicate a bit of a correlation between the presence of the hormone and the athlete’s performance, these reports also suggest that innumerable other factors contribute to an athlete’s performance. Singling out Testosterone could be detrimental to the athlete as it completely forgets to address the interplay of different factors. Over the years, there have been inconsistencies in studies conducted to determine the role of Testosterone concerning the sportsperson’s performance.
These regulations also fail to attribute to inherent physiological differences like height, lung capacity, and weight. Caster Semenya’s case clearly exposes the scientific gaps present in the current manner of conducting things.
Role of Legal Systems
If looked at through the legal lens, then the policies surrounding such cases could be treated as arbitrary and often create an environment for discrimination and exclusion. It could be contended that these policies provide an unfair disadvantage to female athletes as their male counterparts are not subject to similar scrutiny. This exposes the gendered nature of such policies. Many male athletes have such natural advantages as Michael Phelps’s long wingspan and low lactic acid production. But, unlike their female counterparts, they are not made to undergo invasive procedures rather they are celebrated as the best in their fields. It could be argued that these legislations violate the principle of equality and inclusion. It raises crucial questions about the “fairness” of such policies and should be addressed as soon as possible.
Broader Implications for Gender and Inclusion
This dilemma does not focus on an individual’s right to be included in a sport but it also challenges the perceptions of genders held by society. These regulations and policies unfairly reinforce the binary notions of the two biological sexes, completely disregarding the people who do not meet these notions. This has created an environment of hostility and vulnerability for people who fall outside these notions.
By enforcing these rigid testosterone thresholds, international organizations create an environment of exclusion. Individuals with conditions like Hyperandrogenism, and differences in Sexual development (DSDs) often have to face the brunt of these policies. These ideals also lead to people thinking of these individuals as “abnormal”. This alienation has caused many athletes to either compete in categories that are not fit for them or even leave the sport altogether. So, it is important to provide solutions for this issue to create a more holistic environment.
ENSURING INCLUSION AND FAIRNESS: HOW CAN WE MOVE FORWARD?
Robust Research
To address these challenges, international bodies must adopt a more inclusive approach. The scientific assumptions related to such cases must be evaluated and hypothesized properly before paving the way for a decision. Research should be undertaken to consider the interplay of genetics, environment, training, diet, and other such variables that affect an athlete’s performance. A Study by CU Boulder suggests that the current Regulations are based on flawed premises of Testosterone being the online determinant of an athlete’s performance. The authors have gone into detail about the lack of clarity in the regulations and how these regulations are arbitrary.
Transparency in policies
The policies should be drafted transparently and must involve inputs from athletes, scientists, and field experts. It should also be made sure that clear justifications are provided for each and every decision undertaken by such organizations.
Psychological Support
Support should be provided to athletes who have been unfairly included because of such unfair policies. Due to such blatant exclusion, athletes face intense mental pressure. National Sports organizations can ensure that there is a provision for counseling services to the affected individuals where they can seek support. The U.S. Olympic and Paralympic Committee and Australia’s Australian Institute of Sports are perfect examples of such organizations.
Inclusive Education
Educating the various stakeholders in the world of sports like the athletes, coaches, administrators, and even the fans about the diversity of human biological components could also help in promoting inclusion and would help dismantle stereotypes. This would promote an anti-discrimination environment needed to nurture budding sports enthusiasts. It would also reduce stigma and help promote diversity.
Collaboration of International and National Sports Federations
International sports organizations should collaborate with national bodies to develop a framework that would be inclusive of all. This framework would provide flexibility to sportspeople and would help them operate in a better environment. This collaboration would also ensure that there is no alienation in society. Certain pre-existing collaborations like the one between the World Anti-Doping Agency and National Anti-Doping Organisations are prevalent. These collaborations have clear protocols for testing, education, and enforcement while maintaining uniformity across the globe but even this framework disregards regional disparities in resources and cultural sensitivities and disproportionately affects athletes from marginalized places. Due to this, national organizations are unable to provide adequate support to affected athletes. These collaborations must accommodate regional disparities, taking into account the unique challenges faced by women from marginalized communities. Athletes or their representatives should be included in reviewing policies or rules so that the real-world effects of these regulations can be offered and taken into account.
CONCLUSION
The unfair treatment of women with higher testosterone levels has sparked multiple debates over many platforms. The policies created to regulate their hormones have proven to be invasive and create a discriminatory environment for such athletes. They fail to realize the impact that other factors have on an athlete’s performance. This selective focus on testosterone especially in female athletes, exposes the inherent gender bias of such actions.
It is important to adopt a more holistic approach that promotes inclusivity and celebrates the diversity of human biology. Sports federations must adopt a transparent system to help refine these policies and promote equity in society. Such federations must ensure that all athletes are treated with respect and dignity and are provided fair opportunities to compete in the sports of their choice.
Author(s) Name: Sakshi Arora (O.P Jindal Global University, Sonipat, Haryana)
