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UIC John Marshall Journal of Information Technology & Privacy Law

Authors

Raheel Saleem

Abstract

The IOC and the IAAF act as governing bodies for athletes and, therefore, are innately responsible for their actions. However, the gender verification rule exemplifies that irresponsible actions by these governing agencies adversely effects its athletes. The gender verification rule empowers both the IOC and the IAAF to make life-changing decisions without any restriction, leaving athletes susceptible to the unfettered power and abuse of the rule. The legal foundation established by the international human rights declarations support the argument that gender verification testing must be abolished because of its embedded discrimination and intrusive nature. An application of the ICCPR provides that the practice of gender verification testing is discriminatory against both women and intersexed individuals; moreover, such practice is an abrasive intrusion of privacy. The IOC and the IAAF also violate the UDHDHR and the IDHGD because gender verification tests discriminate based on genetic characteristics, which later stigmatize intersexed athletes. Therefore, the gender verification rule must be abolished.

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