TRANSGENDERS IN SPORTS: INCLUSION AND RECOGNITION.
Introduction: It is a known fact that sex segregation in sports has been prevailing since many decades, i.e., teams being separated on the basis of gender (male and female). However, participation of transgender athletes in such segregated competitions is raising concern as to fairness, fair competition and unfair competitive advantage especially in case of male-to-female transition.
The debate as to whether transgender (TG) and transsexual (TS) athletes be allowed to participate in the field of sports and if they are allowed then under what conditions is gaining momentum from past decade or so. Steps taken to accomplish this goal, universally, is gradually slow, however, considerable efforts are being made to recognise transgender and transsexuals participation in sports through various guidelines, enactments, etc., but at the cost of strict conditions imposed for their participation.
Before defining or describing as to who is a transgender, it is inevitable to understand the term 'gender'. Generally, "Gender refers to the attitudes, feelings and behaviours that a given culture associates with a person's biological sex". [The Guidelines for Psychological Practice with Lesbian, Gay and Bisexual Clients, Amercan Psychological Association, available at: http://www.apa.org/pi/lgbt/resources/guidelines.aspx?item=2(accessed Nov. 15, 2014)]. In other words, it "refers to the traditional or stereotypical behavioural differences between men and women, as defined by the culture in which they live, in terms of, among other things, their gender expressions, the careers they pursue, and their duties within a family". [Glossary of Gender and Transgender Terms, Fenway Health, available at: http://www.fenwayhealth.org/site/DocServer/Handout_7C_Glossary_of_Gender_and_Transgender_Terms_pdf (Accessed Nov. 7, 2014)]. Thus, gender is something that is assigned at birth to individuals.
Having understood the fact that gender is assigned, it is pertinent to know that some individuals feelings towards their own gender differs from that assigned at birth. Such individuals are brought under the term transgender which is "an umbrella term for persons whose gender identity, gender expression or behaviour does not conform to their biological sex". [National Legal Services Authority v. Union of India and Others, W.P. (Civil) No. 400 of 2012, Supreme Court of India, 2014, available at: http://supremecourtofindia.nic.in/outtoday/wc40012.pdf (accessed October. 30, 2014)]. Also, "Transgendered individuals are those who exhibit incongruence between their birth, sex and their gender identity". [Seema Patel LL.B (Hons.), LL.M. Nottingham Trent University, Transsexuals in Sport: Inclusiveness and the Level Playing Field, available at: http://www.anglia.ac.uk/ruskin/en/home/faculties/alss/deps/law/research/papers_in_law_series. Maincontent.0004.file.tmp/Transsexuals%20in%20sport.pdf (accessed Nov. 11, 2014)]. "This disparity is so profound for some that they seek surgery to permanently associate the psychological and anatomical aspects of their sex and gender. Having undergone this treatment, they are subsequently referred to as 'transsexual' individuals". [Ibid.]. After the perusal of some some of the gender terms, let's look at the recognition afforded to transgender around the world.
Recognition and inclusion of Transgender / Transsexuals in Sports: Before considering the laws, guidelines, etc. that govern transgender participation in sports it would be appropriate to understand the social issues affecting them. These issues can be brought under two fold, i.e., how transgenders are discriminated and the reasons as to why transgender athletes don't reveal their identity.
Firstly, the general modes practised to discriminate transgender athletes are physical threats and wilful damage to their property, though such incidents are rare, nowadays these are trending to become common. Also, spreading rumours and discouraging others from having any association with transgender are practised. Sometimes, transgender athletes are encouraged to keep their identity hidden. They are also forced to change their sexual orientation. Societal stigma attached to all this makes it mush worst. Secondly, the sole reason why transgender athletes keep their identity a secret is because of their fear of being discriminated against or harassed and also fear of being ostracised by inmates, etc. Furthermore, some transgender athletes fear that publicly claiming their identities would put them in public spotlight for their sexuality and their capabilities, achievements and accomplishments gets eclipsed in this gender discrimination stigma attached to them.
International Bodies and TG / TS Recognition: Nevertheless, many International Sports Organisations, Federations and Forums are coming up with guidelines for recognition of transgender athlete participation in sports.
There was no concrete policy, in the past, which governed transgender participation in sports and allegations that few athletes who were technically male took part in women centred competitions led to the introduction of sex testing. Sex testing was introduced for the first time at the 1966, European Athletics Championships in Budapest. Primarily, athletes were made to parade nakedly so that their exact sex can be determined and subsequently the procedures started to focus on hair smaples, DNA testing, etc. These tests were subjected to lot of criticism as they led to the mockery of athletes in public and were condemned as discriminatory. Many athletes preferred quitting instead of participation to avoid such tests. These procedures were followed till 1999, but due to the increased criticism against such procedures, led to its discontinuance. [Rachel Corbett, 2006, TRANSGENDERED AND TRANSITIONED ATHLETES IN THE SPORT SYSTEM, GLISA, available at: http://www.changelingaspects.com/pdf/TS%20in%20Sport.pdf (accessed Nov. 12, 2014)].
The first International Sports Organisation to address the issue was International association of Athletics Federation (IAAF) in 1990. An expert seminar unanimously recommended that any person who has undergone sex reassignment before puberty should be accepted in sports under the assigned gender. Individuals who have undergone sex reassignment after puberty were considered to represent a more complex problem, since they have been under the influence of hormones under their former gender during their puberty. In particular, a male puberty would mean an influence of testosterone, which could, in theory, be of importance even after a reassignment to female gender. [Arne Ljunqvist, IOC Medical Committee Chairman, 2004, Explanatory note to the recommendation on sex reassignment and sports, available at: http://www.olympic.org/documents/reports/en/en_report_904.pdf (accessed Oct. 29, 2014)].
Until 2003, there was no concrete policy to govern transgender athlete's participation in sports. The International Olympic Committee (IOC) became the first mainstream sport governing body to develop a policy governing the participation of transgender athletes in the Olympic Games. This policy, known as the Stockholm Consensus, became effective at the 2004 Games in Athens, Greece. [Pat Griffin, Inclusion of Transgender Athletes on Sports Teams, available at: http://www.transgenderlaw.org/resources/Griffinarticle.pdf(accessed Nov. 3, 2014)].
Under Stockholm Consensus, IOC made a classification of transgender athletes who have undergone sex reassignment before and after puberty and the transgender falling under the latter category were required to satisfy three conditions laid down by the IOC for obtaining approval for their participation namely: (1). Surgical anatomical changes must have been completed; (2). Legal recognition of their assigned sex by appropriate official authorities; and (3). Administration of Hormonal therapy for the assigned sex for sufficient time to minimise gender-related advantages in sport competitors. [ Statement of the Stockholm Consensus on sex reassignment in sports, 2004, available at: http://www.olympic.org/documents/reports/en/en_report_905.pdf (accessed Nov. 8, 2014)].
Apart from this, many international bodies made efforts to formulate a detailed procedure for resolving gender issues arising as a result of suspicion or challenge by other competing athletes. IAAF is one such organisation which provides for the following steps for resolving gender issues:
Recognition and inclusion of Transgender / Transsexuals in Sports: Before considering the laws, guidelines, etc. that govern transgender participation in sports it would be appropriate to understand the social issues affecting them. These issues can be brought under two fold, i.e., how transgenders are discriminated and the reasons as to why transgender athletes don't reveal their identity.
Firstly, the general modes practised to discriminate transgender athletes are physical threats and wilful damage to their property, though such incidents are rare, nowadays these are trending to become common. Also, spreading rumours and discouraging others from having any association with transgender are practised. Sometimes, transgender athletes are encouraged to keep their identity hidden. They are also forced to change their sexual orientation. Societal stigma attached to all this makes it mush worst. Secondly, the sole reason why transgender athletes keep their identity a secret is because of their fear of being discriminated against or harassed and also fear of being ostracised by inmates, etc. Furthermore, some transgender athletes fear that publicly claiming their identities would put them in public spotlight for their sexuality and their capabilities, achievements and accomplishments gets eclipsed in this gender discrimination stigma attached to them.
International Bodies and TG / TS Recognition: Nevertheless, many International Sports Organisations, Federations and Forums are coming up with guidelines for recognition of transgender athlete participation in sports.
There was no concrete policy, in the past, which governed transgender participation in sports and allegations that few athletes who were technically male took part in women centred competitions led to the introduction of sex testing. Sex testing was introduced for the first time at the 1966, European Athletics Championships in Budapest. Primarily, athletes were made to parade nakedly so that their exact sex can be determined and subsequently the procedures started to focus on hair smaples, DNA testing, etc. These tests were subjected to lot of criticism as they led to the mockery of athletes in public and were condemned as discriminatory. Many athletes preferred quitting instead of participation to avoid such tests. These procedures were followed till 1999, but due to the increased criticism against such procedures, led to its discontinuance. [Rachel Corbett, 2006, TRANSGENDERED AND TRANSITIONED ATHLETES IN THE SPORT SYSTEM, GLISA, available at: http://www.changelingaspects.com/pdf/TS%20in%20Sport.pdf (accessed Nov. 12, 2014)].
The first International Sports Organisation to address the issue was International association of Athletics Federation (IAAF) in 1990. An expert seminar unanimously recommended that any person who has undergone sex reassignment before puberty should be accepted in sports under the assigned gender. Individuals who have undergone sex reassignment after puberty were considered to represent a more complex problem, since they have been under the influence of hormones under their former gender during their puberty. In particular, a male puberty would mean an influence of testosterone, which could, in theory, be of importance even after a reassignment to female gender. [Arne Ljunqvist, IOC Medical Committee Chairman, 2004, Explanatory note to the recommendation on sex reassignment and sports, available at: http://www.olympic.org/documents/reports/en/en_report_904.pdf (accessed Oct. 29, 2014)].
Until 2003, there was no concrete policy to govern transgender athlete's participation in sports. The International Olympic Committee (IOC) became the first mainstream sport governing body to develop a policy governing the participation of transgender athletes in the Olympic Games. This policy, known as the Stockholm Consensus, became effective at the 2004 Games in Athens, Greece. [Pat Griffin, Inclusion of Transgender Athletes on Sports Teams, available at: http://www.transgenderlaw.org/resources/Griffinarticle.pdf(accessed Nov. 3, 2014)].
Under Stockholm Consensus, IOC made a classification of transgender athletes who have undergone sex reassignment before and after puberty and the transgender falling under the latter category were required to satisfy three conditions laid down by the IOC for obtaining approval for their participation namely: (1). Surgical anatomical changes must have been completed; (2). Legal recognition of their assigned sex by appropriate official authorities; and (3). Administration of Hormonal therapy for the assigned sex for sufficient time to minimise gender-related advantages in sport competitors. [ Statement of the Stockholm Consensus on sex reassignment in sports, 2004, available at: http://www.olympic.org/documents/reports/en/en_report_905.pdf (accessed Nov. 8, 2014)].
Apart from this, many international bodies made efforts to formulate a detailed procedure for resolving gender issues arising as a result of suspicion or challenge by other competing athletes. IAAF is one such organisation which provides for the following steps for resolving gender issues:
- The case is brought to the attention of the relevant medical authority at the above level where the issue is first brought up:
- The authority decides if there is a case to investigate;
- The authority then determines who will investigate the matter, e.g., special panel appointed at an international event;
- The athlete is referred to the investigating authority in confidence for further investigation and advice;
- The verdict is passed on to the national federation with advice for further action including appropriate advice to the athlete as the need to 'withdraw' from competition until the problem is definitely resolved through appropriate medical and surgical measures;
- Evaluation of the effects of such measures to determine if and when the athlete can return to competition as per the IOC consensus on this matter. [International Association of Athletics Federations, IAAF POLICY ON GENDER VERIFICATION, available at: http://www.olympic.org/documents/reports/en/en_report_905.pdf (accessed on Nov. 8, 2014)].
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