A/79/299 respect, education campaigns and consistent action by the State are important steps forward. 74. In 2023, in a joint policy position, a group of Special Procedures mandate holders addressed gender equality in sport. 62 The experts reiterated the right of any person to their gender identity and to be respected in their dignity, as enshrined in articles 6 and 7 of the Universal Declaration of Human Rights. Denying adult women their right to gender self-identification, including by insisting on calling them “male”, is unacceptable and may be regarded as hate speech. The Committee on the Elimination of Discrimination Against Women has clarified, in its general recommendation No. 28 (2010), that discrimination against women refers to both sex and gender. International law protects all women, including intersex and trans women; that protection includes their right to participate in sport. Distinctions among women must be determ ined by law, comply with the strict criteria of necessity and proportionality, and represent the least restrictive measure that may be taken to reach a legitimate aim. 75. That position has not been adopted by all sporting bodies. While the 2021 International Olympic Committee Framework on Fairness, Inclusion and Non-Discrimination on the Basis of Gender Identity and Sex Variations 63 is aligned with that position, World Aquatics, the global governing body for swimming, has implemented a blanket ban on transgender athletes, regardless of their particular circumstances, 64 as have many national sports federations. World Athletics, the governing body for track and field events, prohibits athletes who have gone through male puberty from competing in the women’s category, and further requires transgender and intersex athletes, as well as women with naturally occurring higher levels of testosterone, to have their hormone levels managed through medication. 65 Such policies are overly broadly constructed. 76. Athletic performance is the result of numerous factors, including genetic differences; nutrition; access to coaches, training and adequate sports facilities; access to adequate resources; and belonging to a family and community that are committed to sporting excellence. In addition, different sports require different physical abilities. Indiscriminate bans excluding women based on presumed physical advantage do not comply with current standards of international human rights law, and any organization seeking to restrict participation in the women’s category through medical or other interventions must justify such interventions on a case-by-case basis as both necessary and the least restrictive measures that may be taken to achieve a legitimate aim. 77. Nevertheless, involuntary sex testing continues to be practised. In the Islamic Republic of Iran, mandatory sex verification tests are reportedly performed in football and futsal leagues, to ensure that all athletes are certified as male or female. 66 Athletes with variations in sex development reportedly face disciplinary measures or expulsion. In 2014, Iranian Football Federation officials dismissed seven female football players, citing “gender ambiguity” as the reason. This incident led to significant abuse and mockery of female players and their gender identity across __________________ 62 63 64 65 66 24-14354 See www.ohchr.org/sites/default/files/documents/issues/culturalrights/activities/2023 -10-31-stmsogi-policy-en-1.pdf. See https://stillmed.olympics.com/media/Documents/Beyond-the-Games/Human-Rights/IOCFramework-Fairness-Inclusion-Non-discrimination-2021.pdf. See https://resources.fina.org/fina/document/2023/03/27/dbc3381c -91e9-4ea4-a74384c8b06debef/Policy-on-Eligibility-for-the-Men-s-and-Women-s-Competiition-CategroriesVersion-on-2023.03.24.pdf. World Athletics, Eligibility Regulations for Transgender Athletes, Book of Rules, vol. C, No. 3.5, (available at https://worldathletics.org/about-iaaf/documents/book-of-rules). Contribution of 6Rang. 19/24