The International Olympic Committee's Framework on Fairness, Inclusion and Non-Discrimination on the Basis of Gender Identity and Sex Variations

Abstract

On November 16, 2021, the International Olympic Committee (IOC) released its “IOC Framework on Fairness, Inclusion and Non-Discrimination on the Basis of Gender Identity and Sex Variations.” Often referenced simply as the Framework, the document updated the IOC's 2015 guidance for transgender and non-binary athletes to compete in international sport. The IOC's new Framework came in the wake of several high-profile decisions by International Federations (IFs) and rulings by the Court of Arbitration for Sport that specifically focused on the role of testosterone, fairness, and safety for women athletes.Outside of the IOC, the issue of transgender athletes in sports has also become a topic of intense debate, not only among politicians and the media, but also in many scholarly circles. On one side of the debate, there are those who argue that transgender athletes should be allowed to participate in sports based on their gender identity. On the other side, there are those who believe that transgender athletes have an unfair advantage and should not be allowed to compete against cisgender athletes.Supporters of inclusive policies for transgender athletes argue that denying them the right to participate in sports is discriminatory and goes against the principles of inclusivity and equality. They argue that transgender athletes are no different from cisgender athletes, and that their gender identity should be the sole determining factor when it comes to their participation in sports. Furthermore, they argue that transgender athletes have undergone hormone replacement therapy (HRT) or gender reassignment surgery, which has brought their physical strength and endurance into line with their opponents.Opponents of transgender athletes competing alongside cisgender athletes argue that such competition is unfair because of the physiological differences that exist between the two groups. They point out that transgender athletes, especially those who were assigned male at birth and underwent a male puberty, still have physical advantages over cisgender athletes despite undergoing HRT. For example, transgender athletes who were assigned male at birth may have larger lung capacities, greater muscle mass, greater bone density, or other anthropometric advantages that gives them an edge over cisgender women. Others have pointed out that such differences may present safety issues for cisgender athletes in contact sports such as rugby, boxing, or mixed martial arts. They argue that allowing transgender athletes to compete in sports based on their gender identity is therefore unfair to cisgender athletes who do not have the same physiological advantages.With such debate, this forum invited two scholars to examine the suitability and effects of the IOC's Framework. Both scholars draw on philosophical and scientific arguments to offer different reactions to the debate. Veronica Ivy is a philosopher turned activist with extensive knowledge of both the scientific and philosophical issues as well as the experience that comes from being an openly transgender elite-level athlete. Ask Vest Christiansen similarly draws on physiological data and philosophical reasoning to highlight issues around rights and fairness as they relate to the IOC's Framework and policies for transgender athletes. While both scholars disagree on several points, seeing the two articles side-by-side brings into relief the current points of consensus and ongoing points of debate. Indeed, thanks to the hard work by both authors, this forum shows that despite the IOC's guidelines, the debate over transgender athletes in sports is far from over. There are still many issues and questions that remain unresolved as the medical, scientific, and ethical insights continue to reshape this hotly debated issue. At the same time, the forum reminds us that scholars can disagree without being disagreeable. In fact, it is in those moments of disagreement that discussion, reflection, and listening can not only reveal our common love for sport or our shared sense of humanity but also illustrate the potential way forward. In that spirit, we invite you to enjoy our forum on Transgender Athletes and the Olympic Games.