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 12/24 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. 24-14354

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