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UN Human Rights Council raises concern over Olympics sex testing

The United Nation’s Human Rights Council has released a statement questioning the Olympics approach to sex testing saying it raises “serious concerns”.

While acknowledging the Olympics current framework on fairness, inclusion and non-discrimination on the basis of gender and sex variations is robust, concerns are raised about a push within the international sporting realm will revive previously abandoned practices and increase discrimination and human rights harms.

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Marseille, France – 26-07-2024: The Paris 2024 Olympic rings in Marseille’s Olympic marina for the sailing and water sports events. (Shutterstock)

“Recent developments in international sport raise serious concerns in light of these principles. Several international federations have adopted or announced eligibility regimes that rely on mandatory genetic sex testing or rigid biological criteria as a condition for participation in the women’s category.

“Such approaches revive practices that were previously abandoned following sustained scientific, legal and ethical criticism and risk reintroducing discrimination and other human rights harms” the statement reads.

Concern is also raised that the decision making in many sporting bodies about how they will approach excluding people who are intersex or have variations in sexual development is being conducted.

“Concerns have also been raised regarding the transparency and governance of ongoing deliberations within international sporting bodies on eligibility in the women’s category, including the establishment and operation of expert or advisory groups whose composition, mandate and working methods have not been publicly disclosed.”

The organisation warns that under international law rules in this area must be carefully developed to ensure unfair discrimination is not occurring.

“Under international human rights law, any differential treatment must pursue a legitimate aim and be objective, reasonable and proportionate.

“Where regulation is rooted in stereotype or generalised assumptions rather than robust and sport-specific substantiated evidence, it risks violating principles of equality and non-discrimination, undermining dignity, privacy and bodily integrity, and deterring individuals from exercising their right to participate in cultural life on an equal basis with others.” the UN warned.

The next summer Olympics are due to be held in Los Angeles in 2028 and US President has warned that his government will be taking a tough stance on granting visas to athletes they suspect may be transgender or intersex.

In June 2025 new International Olympic Committee (IOC) President Kristy Coventry announced they would take the lead on setting the standards across all sports at the Olympics, rather than allowing each individual sports governing body to set their own standards on participation.

Human Rights Watch have called on Coventry to abandon her plan for sex testing. and return to the Olympics previous approach.

“IOC President Kirsty Coventry should reconsider her endorsement of sex testing and instead follow the IOC’s evidence-based framework for inclusion developed to promote fairness and inclusion while treating all athletes with dignity.” they said.

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