Md. Shawkat Alam Faisal

The integration of transgender athletes in women's sports, as emphasized by the example of Lia Thomas, raises a complex and divisive subject. Thomas, who switched from male to female and began competing in NCAA women's swimming, won the 500-yard freestyle national championship in 2022. Some hailed this result as a success of inclusivity, but it also drew strong criticism from those who think it undermined the fairness of women's sports. This incident exemplifies a larger argument regarding the balance between inclusivity and fair competition, as well as the preservation of human rights in sports and other societal areas.

Critics of transgender inclusion in women's sports typically refer to the continued physical advantages of people who have gone through male puberty. Hormone therapy does not completely negate these benefits, which include increased muscle mass, bone density, and lung capacity. This argument is essential to allegations that permitting transgender women to compete with cisgender women breaches the idea of fair competition.

For example, Lia Thomas' success in women's swimming contrasts with her comparatively modest results on the men's team before to transitioning, highlighting this inequality. Similar issues have been expressed in other sports as well. Laurel Hubbard, a New Zealand weightlifter, participated in the women's division at the Tokyo 2020 Olympics despite changing in her mid-30s. Her involvement was controversial since opponents said that her past male puberty gave her an unfair advantage, despite her low testosterone levels.

This issue is not limited to the United States. Several international situations highlight comparable tensions. Fallon Fox, an MMA fighter who transitioned in 2006, competed against cisgender women, sparking controversy owing to her physical strength and bone density, which developed during male puberty. Rachel McKinnon (now Veronica Ivy), a transgender cyclist, won the UCI Masters Track Cycling World Championships in the women's 35-39 age category, generating debate over whether her former male physiology provided her with an unfair edge. These instances show the broader consequences of allowing transgender women to compete in female categories. Critics say that these physical advantages can have a substantial impact on competition results, thereby jeopardizing the legitimacy of women's sports.

The legal and human rights consequences of this issue are numerous and complicated. The European Convention on Human Rights (ECHR), specifically Article 14, forbids discrimination on a variety of grounds, including gender identity. This notion is critical to ensure equality, but it must be weighed against the requirement for fair competition. The interpretation of this principle in sporting contexts frequently entails complex decisions about what constitutes fair and equal treatment.

Similarly, the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) aims to safeguard and advance women's rights. Some argue that include transwomen in female categories without strict controls risks undermining the safeguards meant for biological people, therefore violating the spirit of CEDAW. The International Covenant on Civil and Political Rights (ICCPR) also has an impact, particularly Article 26, which guarantees equality before the law and protection from discrimination.

In response to these concerns, the governing bodies of various sports have adopted different policies. For example, World Aquatics, the swimming governing organization, has developed standards that require transgender athletes to have transitioned before the age of 12 or before hitting Tanner Stage 2 of puberty in order to compete in women's divisions. This policy tries to strike a balance between the inclusion of transgender athletes and the necessity for fair competition. However, these restrictions have been challenged on the grounds of discrimination, as evidenced by Lia Thomas' court battle.

The issue extends beyond athletics to other aspects of society. In academics and industry, examples of transwomen competing for female-specific scholarships and honors have aroused debate. These scenarios emphasize the larger ramifications of gender identity regulations, as well as the importance of ensuring that actions aimed at promoting gender equality do not unintentionally prejudice cisgender women. In academia, for example, the allocation of scholarships and accolades typically reserved for women has occasionally been called into question when transwomen get them. This raises concerns about whether such chances, which aim to remedy historical gender imbalances, are being distributed effectively. Similarly, in the corporate sector, measures to increase female participation can become difficult when transwomen are included in quotas or diversity goals.

Therefore, in certain situations, people may choose to identify as transgender because they believe it would provide them with opportunities that they would not have had otherwise. This tendency presents intricate considerations concerning authenticity against strategic advantage in personal and professional settings.

To address these complications, it is critical to create sophisticated and ethical policies that encourage inclusivity while maintaining fairness. One proposed approach is to create open categories in sports where athletes can participate regardless of gender, hence relieving pressure on traditional male and female divisions. Furthermore, continued scientific research into the effects of hormone therapy and other factors on athletic performance can help shape more equal regulations.

Furthermore, international laws and human rights frameworks must be interpreted and implemented in ways that protect the rights of all parties involved. The Universal Declaration of Human Rights (UDHR), which emphasizes the right to cultural participation and non-discrimination, serves as a foundational framework. However, striking a balance between these principles and the need for fair competition necessitates careful study and a commitment to continual conversation and policy adjustments as new information and viewpoints emerge.

The participation of transgender athletes in women's sports is a complex and difficult problem that necessitates a balanced approach. It is critical to promote inclusivity and safeguard the rights of transgender people, but this must be done while also ensuring fair competition and respecting the rights of cisgender women athletes. Adopting nuanced policies, fostering educated dialogue, and ongoing scientific research can help to build an atmosphere that values both inclusivity and fairness, maintaining the principles of equality and human rights for everyone.

The writer is a, is an Apprentice Lawyer at the Bangladesh Bar Council.