header-logo header-logo

Women’s sport & the law

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

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
back-to-top-scroll