A/HRC/RES/40/5
practices based on their race and gender, and that States have an obligation to ensure and
promote a broader framework of substantive equality for women and girls,
Noting with concern also that the eligibility regulations for the female classification
published by the International Association of Athletics Federations that came into effect on
1 November 2018 may not be compatible with international human rights norms and
standards, including the rights of women with differences of sex development, and
concerned that there may have been a lack of legitimate and justifiable evidence for the
regulations to the extent that they may not be reasonable and objective, and lack
proportionality between their aim and the measures proposed,
Noting the interim arbitral award issued on 24 July 2015 by the Court of Arbitration
for Sport, according to which many variables were legitimately associated with
performance in sports, including a range of physical and biological traits, as well as social
and economic factors,
1.
Expresses concern that regulations, rules and practices that require women
and girl athletes with differences of sex development, androgen sensitivity and levels of
testosterone to medically reduce their blood testosterone levels may contravene
international human rights norms and standards, including the right to equality and nondiscrimination, the right to the highest attainable standard of physical and mental health, the
right to sexual and reproductive health, the right to work and to the enjoyment of just and
favourable conditions of work, the right to privacy, the right to freedom from torture or
other cruel, inhuman or degrading treatment or punishment, and full respect for the dignity,
bodily integrity and bodily autonomy of the person;
2.
Recognizes that sports regulations and practices that discriminate against
women and girls on the basis of race, gender or any other ground of discrimination can lead
to the exclusion of women and girls from competing as such on the basis of their physical
and biological traits, reinforce harmful gender stereotypes, racism, sexism and stigma, and
infringe upon the dignity, privacy, bodily integrity and bodily autonomy of women and
girls;
3.
Calls upon States to ensure that sporting associations and bodies implement
policies and practices in accordance with international human rights norms and standards,
and refrain from developing and enforcing policies and practices that force, coerce or
otherwise pressure women and girl athletes into undergoing unnecessary, humiliating and
harmful medical procedures in order to participate in women’s events in competitive sports,
and to repeal rules, policies and practices that negate their rights to bodily integrity and
autonomy;
4.
Requests the United Nations High Commissioner for Human Rights to
prepare a report on the intersection of race and gender discrimination in sports, including in
policies, regulations and practices of sporting bodies, and elaborating on relevant
international human rights norms and standards, and to present the report to the Human
Rights Council at its forty-fourth session;
5.
Decides to continue its consideration of this matter under the same agenda
item in accordance with its programme of work.
52nd meeting
21 March 2019
[Adopted without a vote.]
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