Citius, altius, fortius?: International human rights law and protection of transgender and intersex athletes

Abstract

The aim of this paper is to reflect on how two objectives of international law can be reconciled: the prohibition of discrimination on the grounds of gender identity, on the one hand, and the integrity of sporting competitions, on the other. The ideas of dignity and non-discrimination, two of the pillars on which International Human Rights Law (IHRL) is built, have guided the slow and belated progress in the protection of the people on whom the study focuses: transgender or sexually differentiated athletes. International law, on the other hand, seems to have already assumed that the necessary protection of the integrity of sporting competitions justifies the limitation of fundamental rights. In this context, it seems appropriate to analyse whether the participation of these athletes in sports competitions can be limited under IHRL and, if so, the extent of this limitation.