During the Paris Olympics, female Taiwanese boxer Lin Yu-ting (林郁婷) was the subject of a gender dispute.
The International Boxing Association (IBA) called her gender into question despite having no evidence. The International Olympics Committee (IOC) last year revoked its recognition of the IBA due to its failure to implement governance reforms.
Such attacks run counter to the Olympic spirit of fair competition.
At the end of 2021, the IOC announced a new “Framework on Fairness, Inclusion and Non-Discrimination on the Basis of Gender Identity and Sex Variations,” with 10 principles aimed at urging the international community to strive toward eliminating gender discrimination.
The first principle emphasizes inclusion, stating that there should be no discrimination in sports and event organizers must ensure a fair competitive environment.
The third principle states that eligibility criteria must not systematically exclude athletes from competition based on their gender identity or sex variations. Without evidence, athletes should not be subject to testing for the purpose of determining their gender identity or sex variations.
If eligibility is dependent on gender differences and disputes arise about whether a contestant is biologically female, the sixth principle outlines using evidence-based approaches.
To avoid unfair competition caused by closed-room decisions, eligibility criteria proposed by the event organizer must be subject to peer review.
Physically, legally and under IOC regulations, Lin is a woman. Any questioning of her gender is not only discrimination, but also undermines the legal systems of Taiwan and the IOC. The IBA stripped Lin of her bronze medal at last year’s Women’s World Boxing Championships under the pretext that she had failed a gender eligibility test.
However, no reliable evidence has so far been provided regarding its testing method, process and results. The IBA has also not allowed a third party review. This raises concerns about whether certain athletes have been targeted and treated differently, which is a serious contravention of the IOC’s principles of fairness, inclusion and non-discrimination.
With the IBA launching attacks toward Lin, Taiwan should be her strongest supporter. As the governing body, the Sports Administration should bring the case before the Court of Arbitration for Sport in Lausanne, Switzerland. Any ruling made by the court would be legally binding for all parties involved and apply to all IOC members and international sports organizations.
Although the process might be cumbersome and time-consuming, inaction would allow discrimination to persist, leaving Taiwan’s athletes to suffer in silence.
Wu Ching-chin is a professor in Aletheia University’s Department of Law and director of the university’s Criminal Law Research Center.
Translated by Nicole Wong
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