header-logo header-logo

07 April 2023 / Naomi Cunningham , Fiona McAnena
Issue: 8020 / Categories: Opinion , Sports law , Equality , Health & safety
printer mail-detail

Women’s sport & the law

What is fair & what is legal when it comes to trans inclusion in elite women’s sports? Naomi Cunningham & Fiona McAnena weigh up the law & the latest guidance

For as long as there has been organised sport, where women have been permitted to participate at all, men and women have competed in separate categories. The reason is obvious: the enormous athletic advantage conferred by male puberty. Last month World Athletics announced that no athlete who had gone through male puberty would be allowed to compete in women’s world ranking competitions. UK Athletics has just followed suit.

What does the law say?

When sex discrimination was made unlawful in the UK by the Sex Discrimination Act 1975 (SDA 1975), an extensive scheme of exceptions was included to deal with the many situations in which direct sex discrimination is justified and necessary. Sport was one of them: s 44, SDA 1975 simply excluded ‘any sport, game or other activity of a competitive nature where the physical strength, stamina

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Haynes Boone—Jeremy Cross

Haynes Boone—Jeremy Cross

Firm strengthens global fund finance practice with London partner hire.

DWF—Stephen Webb

DWF—Stephen Webb

Partner and head of national planning team appointed

mfg Solicitors—Nick Little

mfg Solicitors—Nick Little

Corporate team expands in Birmingham with partner hire

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
back-to-top-scroll