UN human rights body calls for end of men in women’s sports

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I never thought I would see the day: The United Nations is today smarter and more protective of human rights than the United States. The U.N. special rapporteur on violence against women announced a report on Tuesday unapologetically demanding that member countries save women’s sports, or in U.N. speak, “ensure that female categories in organized sport are exclusively accessible to persons whose biological sex is females.” That puts every Democrat in Congress, all of whom voted against protecting women’s sports, in favor of internationally recognized violence against women.

This report should mark an alarming wake-up call for organizations such as the NCAA and LPGA, whose policies permit biological males in women’s sports, in direct conflict with international human rights.

These recommendations come from the body within the U.N. Human Rights Council tasked with proposing measures at the local, national, regional, and international levels to eliminate all forms of violence against women. Earlier this year, the organization sought to study and make recommendations to “better understand the forms of violence that women and girls experience in sports.” It received public submissions and talked with experts from around the globe for several months.

Some of the recommendations are expected. For example, “Research reveals the prevalence of sexual violence in coach–athlete relationship, which often occur in locker rooms,” according to the report, which also recommends a “delegate” to whom women can report concerns and “mandatory training” for coaches on “the nature and role of consent.”

But, amazingly, a large portion of the report addresses the tangible harm of men in women’s sports, and the report categorically recommends against it: “Undermining the eligibility criteria for single sex sports results in unfair, unlawful and extreme forms of discrimination against female athletes on the basis of sex.”

How could any sane person conclude otherwise?

First, the report acknowledges physical injury: “Injuries have included knocked out teeth, concussions resulting in neural impairment, broken legs, and skull fractures.” The report also notices fairness concerns, highlighting that “where men and women have roughly the same levels of fitness, males’ average punching power has been measured as 162% greater than females’.”

It rightly dismisses that men on drugs should count as women: “Pharmaceutical testosterone suppression for genetically male athletes … will not eliminate the set of comparative performance advantage they have already acquired.” It goes on to state that testosterone suppression “may not only harm the health of the athlete concerned, but it also fails to achieve its stated objective. Therefore, the testosterone levels deemed acceptable by any sporting body are at best not evidence-based, arbitrary, and asymmetrically favor males.”

The report also acknowledges the emotional abuse that female athletes suffer. Allowing men in women’s sports “causes extreme psychological distress due to the physical disadvantage, the loss of opportunity for fair competition, and of educational and economic opportunities, and the violation of their privacy in locker rooms and other intimate spaces.”

Not to mention, women who pipe up are punished and bullied. “Female athletes and coaches who object to the inclusion of men … are silenced or forced to self-censor,” according to the report. “Many are also accused of bigotry, suspended from the sports team, and subjected to restraining orders, expulsion, defamation, and unfair disciplinary proceedings.”

Now, the U.N. thinks transgender-identifying males should participate in sports somewhere. But it recommends creating an “open” category or — gasp! — making the men’s category the open category.

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The U.N. special rapporteur’s final conclusion is crystal clear: “Ensure that female categories in organized sport are exclusively accessible to persons whose biological sex is female.” While original birth certificates should work in nonprofessional settings, the report recommends a cheek swab test where necessary and genetic testing for exceptional circumstances.

To be sure, a kindergartener could have written the same report. But the U.N. does not always display base-level rationality and commitment to human rights. So today is a celebration. Let’s hope this report finally helps discriminatory organizations and woke judges here in the U.S. follow the U.N.’s lead and end their abuse of women.

May Mailman is the director of the Independent Women’s Law Center.

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