The Participation of Gender-Diverse Athletes in Sports: An International Human Rights Perspective

Abstract

In sports, the categorization and separation of male and female is not just accepted, but mandatory. This is to give room for fairness and balance and to recognize that the male and female genders are not endowed with the same strength and capabilities. In some countries where lesbians, gays, bisexuals, transgender and queers (LGBTQ) are legalized, the problems and issues arising therefrom are more complex. It is not as simple as male and female, because the categorization of sexes has been expanded to accommodate the LGBTQs. In such cases do sports organizers balance gender fluidities. This and other related questions are the issues this article sets out to present answers and possible solutions. In Nigeria, the LGBTO is completely banned. The researchers adopted the doctrinal method of research with the narrative and descriptive approach. The researchers’ source of data was from primary sources like laws and judicial decisions of courts, and secondary sources of data like books, journal articles, internet materials and from the opinion of learned writers. This research found that there is a need for a firmer and more balanced human rights approach to sports to balance the new category of genders known as LGBTQ. The researchers also found out that the world sports governing bodies have accepted LGBTQ. The researchers recommended among other things that since the world sports governing bodies had accepted LGBTQ, they should take more proactive steps to balance the sporting activities between the enlarged categories of sexes including the LGBTQ. By this approach, they would have respected their rights to equal sports activities with their peers consistent with international, regional and domestic laws on human rights.