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

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

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