Google AI


Modern Australian

The Olympics’ transgender athlete ban is a legal and moral minefield

  • Written by: Matt Nichol, Lecturer in Law, CQUniversity Australia

The International Olympic Committee (IOC) has confirmed it is introducing a controversial new policy that will ban transgender athletes from competing in women’s events.

The IOC stated eligibility for women’s events will be determined by a “once-in-a-lifetime” sex test, which would prevent transgender women and those with differences in sexual development from competing.

It is an abrupt U-turn after the IOC previously left athletes’ eligibility up to their respective sports federations.

Reactions to the decision were unsurprisingly fierce.

From a legal point of view, it opens up a can of worms and will no doubt affect many athletes from the top level down to grassroots.

What is the test?

The IOC says “eligibility for the female category is to be determined in the first instance by SRY gene screening to detect the absence or presence of the SRY gene”.

It added:

Based on scientific evidence, the IOC considers the presence of the SRY gene is fixed throughout life and represents highly accurate evidence that an athlete has experienced male sex development.

SRY stands for “sex determining region Y” gene. The presence of the SRY gene is associated with men’s typical sexual development.

Read more: World Athletics’ mandatory genetic test for women athletes is misguided. I should know – I discovered the relevant gene in 1990

Any athlete whose test shows the presence of the SRY gene will be banned from the women’s category.

The screening will be done via an athlete’s saliva, a cheek swab or blood sample.

The IOC stated it is not retroactive and does not apply to any grassroots or recreational sports.

Why did the IOC make this move?

In September 2025 the IOC established a working group to examine scientific, medical and legal developments in this space.

The IOC said the group reached a consensus that “male sex provides a performance advantage in all sports and events that rely on strength, power and endurance”.

IOC president Kirsty Coventry said:

At the Olympic Games, even the smallest margins can be the difference between victory and defeat. So, it is absolutely clear that it would not be fair for biological males to compete in the female category.

The IOC added it had surveyed more than 1,100 Olympic athletes, which revealed “a strong consensus that fairness and safety in the female category required clear, science-based eligibility rules, and that protecting the female category is a common priority”.

At the Tokyo Olympics in 2021, New Zealand weightlifter Laurel Hubbard became the first openly transgender woman to compete at an Olympic Games. She finished last in the super‑heavyweight category.

The policy is widely expected to be adopted by individual sports federations, although many have already implemented similar testing in recent months, including World Athletics and World Aquatics.

It will be implemented for women’s events at the Olympic Games, Youth Olympics and Games qualifiers, from Los Angeles 2028 onwards.

Human rights law and sport

The IOC’s decision may be in opposition to several laws that aim to ensure everyone has the right to participate in sport.

The United Nations’ International Charter of Physical Education and Sport states access to and participation in sport is an international human right.

In 2019, a UN Human Rights Council resolution called on sports governing organisations such as the IOC to implement policies and practices that comply with international human rights.

International human rights laws require countries protect and promote human rights.

As many international sports governing organisations such as the IOC are based in Europe, the European Convention on Human Rights also applies to the new genetic testing rule. The IOC policy may violate this.

The UN Human Rights Council states genetic sex testing as an eligibility requirement for women’s sport violates athletes’ international rights to equality, bodily and psychological integrity and privacy.

While many support the IOC’s new policy, others argue the athletes now banned from competing in women’s sports are not being granted basic, long-agreed human rights.

Affected athletes may challenge the new rules in the Court of Arbitration for Sport – world sport’s top court, which has in the past heard cases on gender eligibility.

The IOC’s new rule may also violate the Council of Europe’s Convention on Human Rights and Biomedicine and domestic laws in many countries that prohibit genetic testing unless a health purpose is achieved.

Those left on the sidelines

This policy is a monumental shift from world sport’s most powerful authority.

It has sparked celebration among some, and anger and disbelief among others.

There will be aftershocks, maybe in the form of appeals or lawsuits. Where it leaves the few transgender and intersex athletes who want to compete in elite women’s sports is anyone’s guess.

Authors: Matt Nichol, Lecturer in Law, CQUniversity Australia

Read more https://theconversation.com/the-olympics-transgender-athlete-ban-is-a-legal-and-moral-minefield-279445

Downsizing or Upgrading Your Caravan? Here's How to Sell It Without the Hassle

Selling a caravan can feel like a major task, especially when you are unsure about its value, paperwork, or how to find a buyer. Whether you are dow...

The Best Overseas Adventure Holidays for Australians Who Love the Outdoors

Australia offers no shortage of incredible outdoor experiences, but sometimes the best way to satisfy your sense of adventure is to head overseas. A...

Cape Town Wine Shuttle: Winelands Tasting & Tours

Embark on an unforgettable journey through the picturesque Cape Winelands, where world-class wines and breathtaking scenery await. Our Cape Town Win...

Why Giant Rats Tail Grass Keeps Coming Back After Spraying

Giant Rats Tail Grass (GRT) is one of the most frustrating pasture weeds for farmers and lifestyle property owners. You spray an infested area, see th...

When Custom Cardboard Boxes Make Sense for Your Business

Custom cardboard boxes can be useful when a standard carton does not fit a product, packing method or presentation requirement particularly well. A ...

Virtual Livestock Fencing and GPS Tracking: Improving Visibility Across Cattle Properties

What Virtual Livestock Fencing Means for Modern Cattle Management Managing cattle across extensive properties requires more than knowing where anim...

Sydney Pawnbrokers Explained: How Hocking Your Car Actually Works

Sometimes you need cash, and you need it soon. If you own a car, you may already have a way to get it. That's what people mean when they say they've...

Moving Interstate from the Gold Coast to Brisbane (or Back)? What Removalists Wish You Knew First

Have you talked to anyone who’s done the move? They say the same thing: the drive up the M1 is the easy part. It's everything around it that catches...

Why the Spring School Holidays Are a Great Time to Visit Coffs Harbour

The spring school holidays are a good time to spend a few days on the Coffs Coast. The weather is starting to warm up, there is plenty to do outdoor...

What to Do When an Older Car Is No Longer Worth Keeping in Melbourne

Ever looked at another repair quote and wondered whether your old car is still worth the trouble? It is a common turning point for Melbourne motoris...

Your Baby's First Year: A Local Guide to Feeding, Sleep, and When to Get Extra Support

Ask ten parents in a Brisbane mothers' group how their baby is feeding or sleeping, and expect ten different answers.  Someone's baby sleeps throug...

Kitchen and Laundry Makeover Ideas That Don't Require a Full Renovation

Full kitchen renos are expensive — and most people don't actually need one.  They need the kitchen to stop looking like it's stuck in 2009, or they...

How Technology Is Reshaping the Modern Australian Commercial Kitchen

The commercial kitchen has always been shaped by technology. Refrigeration changed how ingredients could be stored, modern ventilation transformed k...

The Number on a Roller Blind Fabric That Nobody Explains

Somewhere in the fabric book, next to the colour name, there is a percentage. Three per cent. Five per cent. Ten per cent. Nobody explains it, most c...

What’s Trending in Men’s Jewellery This Father’s Day!

Finding a Father’s Day gift that feels personal, stylish and genuinely wearable is not always easy. While socks and novelty mugs have traditionally ...

Road Signs: Understanding Their Role in Clear and Effective Signage

Effective signage and display hardware can help businesses communicate information, promote products and organise customer or visitor movement. Road...

Bottle Label Printing: Key Factors to Consider Before Your Next Packaging Run

Effective packaging begins with understanding the product, bottle material, artwork and production requirements when planning bottle label printing. H...

Planning a Long-Distance Move With Interstate Movers Melbourne

Moving between states involves more planning than a typical local relocation. Along with packing and transporting household belongings, you need to...