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traditional and social media. 67 In Semenya v. Switzerland, the European Court of
Human Rights held that expecting female-born athletes with higher testosterone
levels to take medication to lower that level was discriminatory. 68 The case has been
referred to the Grand Chamber of the Court.
78. In all cases of gender abuse and sexual abuse, sporting associations and States
must establish real, effective and appropriate remedies. The Sports and Rights
Alliance has reported widely on the lack of such processes, most recently in the case
of Indian wrestlers. 69 The European Court of Human Rights also noted the lack of an
effective remedy in the Semenya case.
4.
Inequalities and discrimination faced by people with disabilities
79. Persons with disabilities encounter numerous barriers to participation in sports,
due to a lack of accessible and adapted facilities and sports programmes, as well as
societal attitudes that underestimate their capabilities. Because each disability is
different, adapting physical education and sports programmes to a range of disabilities
is a challenge. Such adaptation, however, is an obligation of States parties to the
Convention of the Rights of Persons with Disabilities. 70 Through qualitative analyses,
it has been suggested that aspects such as the organizational structure of sport
programmes, accessibility, and the training of volunteers and coaches be improved,
and that appropriate accommodations be made to improve the inclusion of children.
Measures also need to be taken to ensure equal treatment and opportunities in
competitive sports.
80. Further discussion is required on the issue of whether an impairment is to be
regarded as a disability if it does not impact athletic performance and allows the
person concerned to take part in sports activities together with persons without
disabilities. Since disability is understood as a relationship with the environment and
the obstacles that may exist therein, progress in science, technology and medical
engineering may require a repositioning of our assumptions about disability in sports.
Such discussions should be led by athletes with disabilities and civil society
organizations of persons with disabilities.
5.
Discrimination based on religion or belief, cultural identity and
political opinion
81. Discrimination in sports also reportedly occurs on the grounds of religion. In
the Islamic Republic of Iran, Baha’i believers are prohibited from competing in sports
and sentenced if found to have done so. 71 The Special Rapporteur has raised with the
Government of France the issue of banning women and girls wearing the hijab from
participating in sports, be it as players, volunteers or employees. The restrictions
imposed in administrative decisions have forced coaches, referees and local
authorities to take discriminatory actions in several sports, including football,
basketball and volleyball, against women and girls at all levels, including youth and
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6Rang, “Islamic Republic football officials and gender-based discrimination against female
athletes”, 16 February 2014.
European Court of Human Rights, Semenya v. Switzerland, Application No. 10934/21, Judgment,
11 July 2023.
See https://sportandrightsalliance.org/wp-content/uploads/2024/07/Indian-WrestlersReport_online.pdf.
See general comment No. 2 (2014) of the Committee on the Rights of Persons with Disabilities
(CRPD/C/GC/2), paras. 17 and 44–46.
See https://iranwire.com/en/features/69693-female-bahai-motorcycle-racer-jailed-for-eightyears-in-iran/ and Human Rights Watch, World Report 2024: Events of 2023 (New York, 2024).
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