A/79/299
44. The existing high degree of autonomy and self-regulation in sport must not be
detrimental to human rights. Ensuring the application of human rights standards in
sport is clearly part of the human rights obligations of States and other relevant
stakeholders. The Special Rapporteur is convinced of the need to do more to ensure
that such State obligations are met and that clear and effective remedies exist for any
such violations. 26
IV. Obstacles to and violations of the right to participate
in sports
A.
Physical stereotypes and prejudices
1.
Gender stereotypes
45. The intersection of gender and sports plays a crucial role in shaping body image
perceptions. As stated by the Committee on Economic, Social and Cultural Rights,
“gender refers to cultural expectations and assumptions about the behaviour, attitudes,
personality traits, and physical and intellectual capacities of men and women, based
solely on their identity as men or women”, and affects the equal right of men and
women to the enjoyment of their rights. 27 For men, sports typically emphasize
muscularity, strength and endurance. In contrast, women practising sports are often
pressured to maintain a balance between athleticism and conventional femininity,
resulting in a complex relationship with body image. 28 These struggles are even more
pertinent in female athletes; as their bodies become more muscular and athletic, they
may find themselves scrutinized in sports, while departing further from social norms
related to femininity.
46. Social constructs about sports disciplines are additional ways of scrutinizing and
controlling women’s participation in sport. The sports that are considered to be more
suited to men and to women may differ from one country to another, but those
differences certainly affect the free agency of individuals to choose their sport of choice.
In certain contexts, sports such as rugby or boxing are seen as more “masculine”,
whereas figure skating and ballet are deemed “feminine”. Women and men participating
in sports disciplines that are associated with the other gender may face mockery,
intimidation and disapproval from their friends and family. In some cases, choosing
those disciplines may lead to those participants’ gender or sexual orientation being
openly questioned and to their resulting marginalization on the basis of those suspicions.
47. In 2023, the Special Rapporteur, together with the Independent Expert on
protection against violence and discrimination based on sexual orientation and gender
identity, the Working Group on discrimination against women and girls, the Special
Rapporteur on the right of everyone to the enjoyment of the highest attainable
standard of physical and mental health, and the Working Group on the issue of human
rights and transnational corporations and other business enterprises, adopted a policy
position in relation to the protection of human rights in sport without discrimination
based on sexual orientation, gender identity and sex characteristics. 29 In the policy
__________________
26
27
28
29
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communication No. 60/2016 (CERD/C/103/D/60/2016), and the views adopted by the Committee on
the Elimination of Discrimination against Women under article 7 (3) of the Optional Protocol to the
Convention on the Elimination of All Forms of Discrimination against Women, concerning
communication No. 143/2019 (CEDAW/C/77/D/143/2019).
Contribution of the Centre for Sport and Human Rights.
General comment No. 16 (2005) of the Committee on Economic, Social and Cultural Rights,
para. 14.
Vikki Krane and others, “Living the paradox: female athletes negotiate femininity and
muscularity”, Sex Roles, vol. 50, Nos. 5–6 (March 2004), pp. 315–329.
See www.ohchr.org/sites/default/files/documents/issues/sexualorientation/iesogi/2023 -10-31stm-sogi-policy-en.pdf.
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