The paper discusses the current medical practice of "gender verification" in sports from an ethical point of view. It takes the recent public discussion about 800-meter runner Caster Semenya as a starting point. At the World Championships in Athletics 2009 in Berlin, Germany, Semenya was challenged by competitors as being a so called "sex impostor". A medical examination to verify her sex ensued. The author analyses whether athletes like Semenya could claim a right not to know that is generally acknowledged (...) in human genetics and enforced by international and national genetic privacy laws. The relevance of this right for genetic diagnosis in sports is discussed. To this end, the interests of the athlete concerned and of third parties are balanced according to the expected benefits and harms. Harm is documented in a number of cases and includes unjustified disqualification, severe sex and gender identity crisis, demeaning reactions, social isolation, depression and suicide. Benefits are dubious as most cases of intersex are considered irrelevant for sports competition. It has to be concluded that the benefits to be gained from "gender verification" in sports via genetic testing do not outweigh the grave individual disadvantages. The current practice of athletic associations to largely ignore the right of competitors not to know does not comply with prevailing ethical provisions on the protection of sensitive personal data. Therefore, genetic "gender verification" in sports should be abolished. (shrink)

The American Journal of Bioethics, Volume 12, Issue 7, Page 19-21, July 2012.

Male-dominated and sex segregated elite professional and amateur sport1 in North America constitutes a "sport nexus" (Burstyn, 1999; Heywood & Dworkin, 2003) that combines economic and cultural influence to reinforce and perpetuate gender injustice. The sport nexus is an androcentric sex-segregated commercially powerful set of institutions that is highly visible and at the same time almost completely taken for granted to the extent that its anti-democratic impetus goes virtually unnoticed. The sport nexus’s hegemonic role in defining sporting norms (Coakley & (...) Donnelly, 2004) means that its role in shaping lower level amateur and recreational sporting institutions and cultures is highly significant. Fraser (2007) defines gender justice, and hence democracy, in terms of "participatory parity," that is, material and cultural equality for women. The sport nexus itself is characterized by highly gendered occupational segregation (Coventry, 2004). It further contributes to gender injustice, homophobia and transphobia by promoting the ideology of the two sex system (Fausto-Sterling, 2000) and gendering citizenship as fundamentally male (Burstyn, 1999). Feminist strategies for sport reformation attempt to reduce or eradicate the role of the sport nexus in legitimating and perpetuating gender injustice. In this article I consider the potential of these strategies and conclude with a set of recommendations for transforming organized sport at both elite and recreational levels. (shrink)

The American Journal of Bioethics, Volume 12, Issue 7, Page 23-25, July 2012.

Previous edition, 1st, published in 1971.

In May 2011, more than a decade after the International Association of Athletics Federations (IAAF) and the International Olympic Committee (IOC) abandoned sex testing, they devised new policies in response to the IAAF's treatment of Caster Semenya, the South African runner whose sex was challenged because of her spectacular win and powerful physique that fueled an international frenzy questioning her sex and legitimacy to compete as female. These policies claim that atypically high levels of endogenous testosterone in women (caused by (...) various medical conditions) create an unfair advantage and must be regulated. Against the backdrop of Semenya's case and the scientific and historical complexity of ?gender verification? in elite sports, we question the new policies on three grounds: (1) the underlying scientific assumptions; (2) the policymaking process; and (3) the potential to achieve fairness for female athletes. We find the policies in each of these domains significantly flawed and therefore argue they should be withdrawn. (shrink)

People often speak as if the behaviour of others is relevant to the question of whether they are justified in violating a rule. This paper explores three lines of argument which might be used to justify rule violation on grounds appealing to what others do. The appeal to self‐defence as a justification does not succeed, since it must expand the concept to involve a cumbersome weighing of harms. The argument that complying with a rule may involve too great a sacrifice (...) in some cases needs to be developed by an account of when a sacrifice is morally significant. It is tempting, but problematic, to do this by weighing consequences of individual acts. An alternative approach is to argue that the behaviour of others is sometimes relevant to determining what rule is actually functioning in some context as a part of a particular moral system. (shrink)

The question of if, and under what conditions transsexuals should be allowed to participate in sports in their acquired sex is becoming increasingly relevant partly because the number of transsexuals is increasing partly because many countries now provide mechanisms for achieving legal recognition as belonging to the new acquired sex. This paper develops (1) an analysis of the justification for maintaining sex segregation in some sports and (2) an account of the rights of transsexuals to be recognised in their new (...) sex. On the basis of these two analyses it critically evaluates two set of rules for the participation of transsexuals in elite sports: the UK guidelines issued in pursuance of the Gender Recognition Act 2004 and the International Olympic Committee's guidelines. It is argued that these guidelines are conflicting and that a modified set of criteria is more justifiable. (shrink)

The International Olympic Committee (IOC) has always been plagued by what queer theorist Judith Butler calls gender trouble. In 2000, the IOC discontinued their practice of sex-testing because medical experts could not agree on what defined a genetic female and so an adequate medical testing measure could not be found. In response to outside pressure, the IOC adopted a policy enabling transsexual athletes to compete in the 2004 Olympic Games. This article argues that the IOC policy on sex reassignment does (...) not operate to guard against discrimination and harassment against transsexual athletes but that it operates to maintain the popular illusion that there are two, binary gender designations. While both transsexual and Olympic bodies have unique histories and vastly different experiences in the social and political realms, using psychoanalysis we contend that the need to test gendered bodies is incited by an anxiety about bodily deterioration, aging, and, ultimately, mortality. (shrink)

Caster Semenya, a South African 18-year-old, won the 800-metre track running title at the Berlin World Athletics Championships in 2009. Only 3 h later, her gender was being harshly contested. The investigation of the International Association of Athletics Federations (IAAF) was neither discreet nor respectful of her privacy. Caster's case has implications for the ethics of sports and debates about gender and enhancement, and for the philosophical debate about the nature of categories and the classification of people. The IAAF has (...) not disclosed the results of their tests on Caster, and the South African Ministry of Sport has decreed that in any case she can continue running with women in her own country. But could a scientific or medical test offer uncontroversial answers regarding Caster's gender? The concept of ‘gender’ is partly a social construction. The authors argue that ethics may guide science and medicine at addressing such questions. (shrink)

Fair Play in Sport presents a critical re-working of the classic ideal of fair play and explores its practical consequences for competitive sport. By linking general moral principles and practical cases, the book develops a contemporary theory of fair play.