Making Sports Fair and Inclusive for All Genders

The inclusion of transgender people in sport has been widely discussed over the past year. Following criticism of unrestricted competition in cycling and swimming, many sports bodies, both domestic and international, have been reviewing their policies.

Generally speaking, the law says a service provider isn't allowed to discriminate against an athlete on the basis of sex. But under the Equality Act 2010, in sporting competition where strength, stamina or physique are key elements, it’s lawful:

To hold separate competitions for men and women
To restrict the participation of transgender people if that is necessary to ensure fairness or safety.

International and UK guidelines

The International Olympic Committee’s guidelines, updated at the end of 2022, recognise that sports organisations may at times need to issue eligibility criteria for sex-segregated competition. This is to maintain a fair and proportionate distribution of competitive advantages among participants.

They also recognise the particular importance of advancing equality for women in sport and preserving fair and meaningful competition for elite women athletes, ‘which may require criteria that limit eligibility in some cases’.

But the IOC is keen to stress that, until evidence determines otherwise, athletes shouldn’t be deemed to have an unfair or disproportionate competitive advantage due to their sex variations, physical appearance, and/or transgender status. It says sports federations must make their own policy decisions.

According to the Guardian, the five sports councils which fund sport in the UK concluded in September 2021 that the science shows transgender women retain physique, strength, and stamina advantages. They say there’s no easy way to balance inclusion with competitive fairness and safety, therefore some sports will have to prioritise one or the other.

Potential solutions

The sports councils say that in such a complex area, what is right for one sport may not be right for another.

They suggest three potential paths for sports:

Prioritising transgender inclusion
Protecting the female category by having ‘open’ and ‘female-only’ categories
Devising new formats for sport so that they can be played safely and fairly by everyone.

Meanwhile, different sporting bodies are seeking alternative ways to find options that can balance the needs for inclusion and fairness:

Introduce open categories – swimming
Expert panel to assess applications – rowing
Risk assessments – rugby – females wishing to play in the male game
Introduce waiting periods – cycling
Scientific guidelines and requirements – athletics
No differentiation due to nature of sport – equestrian.

For restrictions on transgender athletes

Fairness – players who have transitioned but have higher testosterone levels have an unfair advantage.

Safety – female players competing with trans athletes, especially in contact sport, run risk of injury.

Against restrictions

Evidence – there's not enough studies of how transition impacts performance and there's a risk of judging on appearance or status.

Negative impact on mental health/welfare of trans athletes, and negative message for trans individuals generally.

Concerns around rules that encourage younger athletes to transition at a young age, for instance in swimming.

Transgender policy advice

Ensure your policy is considered, well-researched and properly drafted.
Review it regularly to make sure it’s up to date, so that it remains fair and compliant for all athletes.
Examine the issues of fairness and player safety, and whether gender separation is needed at all age levels.
Look at the latest science, research and arguments – from both sides – including Sport England guidance.
Consider options, such as open categories, where people of all genders can compete against each other.
Listen to everyone affected. Seek feedback from different viewpoints and use them to feed into your policies.

“Sports are for everyone to enjoy and participate in, so organisations must be mindful of creating inclusive environments. However, organisations must balance this with the need to maintain safety and fairness, protecting the integrity of sport and welfare of athletes at all levels. “Transgender inclusion is a sensitive, complex and nuanced topic. Organisations should approach it diligently, by considering the latest guidance, looking at the relevant research, and listening to everyone affected. Any restrictions on inclusion should be necessary to ensure fair competition. “You’ll be recognised for making informed choices, and for doing the right thing by your athletes and fanbase.”