Monthly Archive for October, 2011

Play the Game 2011 – Gender Session – IOC Medical Chair deemed “Incompetent” after 50 years of the “failure” of gender testing and policy. Asked to step down immediately!

Monday October 3rd, 2011 organizers of Play the Game during a week long conference  titled; “Bring Change to the heart of Sport” with leading delegates and experts converging on Cologne Germany, at the University of Cologne to discuss issues impacting international and Olympic sport programming. From issues of anti-doping, sport gambling, organizational corruption and issues of gender and human rights.

On Wednesday, the session titled; “Little Difference, Huge Impact: The Gender Challenge to Sport” began the day. Led by a joint key note presentation from Prof. Arne Ljungqvist, International Olympic Committee [IOC] Chairman – father of gender testing and policy. Presenting in direct parallel with Ljungqvist was Danish Georg Facius, IAAF Technical Official and key official and expert of both the EAA’s Anti-doping and Competition Committees.

Upon conclusion of Facius ground breaking presentation which he states; “All along through most of these 50 years Arne Ljungquist has been the man with the overall and main responsibility for gender testing, firstly within IAAF and now within the IOC, and it is beyond me how he himself, with his history, can continue in charge of this, and as chairman of the IOC medical commission, and how on top of 50 years of failure, he can be allowed to do so, by the responsible bodies. I can only urge him to have the decency to step down.”

Georg Facius complete  presentation titled; “Trying to Verify The “Proper” Gender of Athletes”

Later that afternoon, Canadian Dr. Bruce Kidd, O.C., PhD. and Olympian in mens athletics presented in parallel to Georg Facius earlier keynote presentation with Ljungqvist, titled; “For gender self-declaration”. Kidd, speaks about “Misdiagnosis”, saying; “The Challenge is NOT “intersex” or atypically athletes. But a social problem resulting from reassertion of moral physiology, fear/demonization of difference and patriarchal control of sport.”
Going further to suggest that there is “so much variation among humans” from “body composition and biochemistry, household and community resources, especially access to bio-medical technology and sport sciences, cultural norms of which are all related to competitive performance.”

Kidd suggests, “The Olympic Movement “celebrates humanity” in all its diversity, why single out this area of difference?” And that, “Self-identify is fundamental to human rights and the ideal of self-expression that is the basis of Olympic sport.” Then asking the fundamental question, “How can the Olympic Movement, which encourages and affirms the right of self-expression through sport, deny the right of self-identity to some humans?”

Upon conclusion, Dr. Kidd profoundly states; “By elevating the results of performance to be the determining metric of the Olympic Movement, the new gender verification requirements further marginalize the educational and intercultural goals of Coubertin, ” the “chill of surveillance culture is heightened.”

Thus stating, as did Facius in his earlier presentation stated; “The IOC must abolish the targeted ‘gender investigation’ once and for all.” Going one step further giving recommendations as next steps, removing the IOC from making such decisions that effect all sport as it pertains to gender, and that; “Academics, policy makers and journalists contribute to this effort, especially the deconstruction of gender and the furtherance of inclusive language.” and move towards; “The Olympic Movement and the broad sport community re-invigorate their efforts to empower women, especially at the level of leadership.” and; “As much as possible, school and community sport be re-organized on the basis of athletic ability, rather than gender.”

Published October 2011

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(6) Key Supporting References -
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NYTimes – April 24th, 2011 – Redefining the Sexes in Unequal Terms

Author: Prof. Alice Dreger, clinical medical humanities and bioethics.

Feinberg School of Medicine at Northwestern University. Chicago, Illinois, USA.
For Full Article “Click Here”

Transgender Student-Athletes and Sex-Segregated Sport: Developing Policies of Inclusion for Intercollegiate and Interscholastic Athletics

Erin Buzuvis
Western New England College School of Law – July 20, 2010

Download Complete Research Document “PDF” CLICK HERE

Volume 9 Issue 6 – June 2011 World Sports Law Report
Eligibility: The IAAF hyperandrogenism regulations and discrimination
Author: Shawn Crincoli – Associate Professor of Law

Touro College, New York, USA.
For Full Article “Click Here”

Volume 9 Issue 4 – April 2011 World Sports Law Report
IAAF: hyperandrogenism rules are challenge proof
Author: Andy Brown [WSLR], UK.
For Full Article “Click Here”

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Lancet 2005; 366: S38 María José Martínez-Patiño
Personal Account A woman tried and tested

“As I was about to enter the January, 1986, national championships, I was
told to feign an injury and to withdraw from racing quietly, graciously, and
permanently. I refused. When I crossed the line first in the 60m hurdles, my
story was leaked to the press. I was expelled from our athletes’ residence, my
sports scholarship was revoked, and my running times were erased from my
country’s athletics records. I felt ashamed and embarrassed. I lost friends, my
fiancé, hope, and energy. But I knew that I was a woman, and that my genetic
difference gave me no unfair physical advantage. I could hardly pretend to be
a man; I have breasts and a vagina. I never cheated. I fought my
disqualification.”

Download Full Review “Click Here”

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An approach to the biological, historical and psychological repercussions of gender verification in top level competitions

Martínez-Patiño et al. / Gender verification in top level competitions JOURNAL OF HUMAN SPORT & EXERCISE – VOLUME 5 | ISSUE 3 | 2010 |

MARÍA JOSÉ MARTÍNEZ-PATIÑO1, COVADONGA MATEOS-PADORNO2, AURORA MARTÍNEZ-VIDAL3, ANA MARÍA SÁNCHEZ MOSQUERA1, JOSÉ LUIS GARCÍA SOIDÁN1, MARÍA DEL PINO DÍAZ PEREIRA3, CARLOS FRANCISCO TOURIÑO GONZÁLEZ1
1Faculty of Science Education and Sport, University of Vigo, Pontevedra, Spain.
2Department of Physical Education, University of Las Palmas, Campus Universitario de Tafira, Spain
3Special Didactics Department. Faculty of Science Education. University of Vigo. Orense, Spain

Download Complete Review “Click Here”

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Published September 2011

US Women’s Sports Foundation – Intersex “Position Statement” discards respect of individual women athletes’ legal rights and privacy.

The US Women’s Sports Foundation [USWSF] published their position statement “PARTICIPATION OF INTERSEX ATHLETES IN WOMEN’S SPORTS” on September 20th, 2011.

Linking a respected international athlete NAME, IMAGE and in context directly in the “Position Statement”. Online, in the “Content Summary” using her name, and suggesting a medical type, which is in-fact UNTRUE. The impact to her life is enormous, as it is and would be to any other athlete. It is unbelievable that any recognized organization let alone the USWSF has done this, and felt empowered enough that they could, breaking basic legal and ethical standards, let alone feel have a right to exploit and athletes life.

In any case, this is illegal in the context of developing a public statement and policy, by a national organization that governs in this case, women’s sport. It is illegal anytime, let alone in sport. The use of pseudonyms should be always used, assuring protection of a person(s) individual identity, respecting their privacy. The second problem, the USWSF has attached this athletes, NAME and IDENTITY with use of a photographic image as the introduction to the Position Statement. Thus feeling they have the right to exploit an athletes medial history, which is in-fact UNTRUE. Furthermore the inaccuracies throughout the document around the topic of Intersex.

Image used on USWSF website:

The irony is, the USWSF speak about inclusion, and by design of the communications on their website, as well the final “Position Statement”.

On the heals of the NCAA policy statement around inclusion of transgender athletes on September 13th, 2011 – Speaks volume to the greater problem that is occurring in policy development around gender. First of all, the people who are in-fact experts, are not engaged in development of these policies. Moreover, and most importantly, in both cases clearly illustrates, if an athlete is “assumed” outside the Atypical binary, that as the USWSF has clearly illustrated, that an athletes personal rights and privacy is revoked. And that, USWSF has now has clearly broken the law, and obviously felt empowered that they had a right to do this without any conscious thought, as certainly the level of the communications design supports this.

We don’t need to police athletes or gender, we need to police the person(s) an organizations who are creating horrific policy who in-fact are the problem. At the end of the day, the athletes are the ones that are directly paying for it.

The use of the word “Approved” by the NCAA, who’s approving what…? In the case of the USWSF, again begs simple questions of just basic legal responsibilities of individuals.

Inclosing, the athletes are not the problem. It is those in organizations such as the USWSF and NCAA , one unqualified and as illustrated complete incompetence to ascertain and or develop policy to this regard. Yet again, as the NCAA has displayed, and now USWSF, that they are only happy to engage in illegal practices, clearly for notoriety and financial compensation at the very risk and continued catastrophic outcomes of other female athletes careers and lives. Ironically, breaking all ethical and legal standards and responsibilities, as a national body to govern women’s sport, and followed around the world, that in this case is UNTRUE.

This is a great example of the actual problem! Having nothing to do with the athletes whatsoever. All to do with those suggesting expertise and those developing policy let alone thinking their is even a need for it who are in-fact the problem – creating catastrophic outcomes impacting individual athletes only to last them a lifetime.[sic]

The irony is, and in this very case who developed this position statement are legally trained individuals, thus inappropriately breaking and disregarding basic legal rights and privacy of individuals. Thus too, paralleling a individual to a a medical “type” which is in-fact, UNTRUE. [sic]

USWSF, who is watching who? As clearly illustrated,  have no standards of practice and du-diligence.

Goto Full Position Statement – “Click Here”

Published October 2011

CIS in no rush to mirror NCAA transgender policy
Canadian athletic community meets NCAA policy with mixed responses

By Kevin Menz — The Sheaf (University of Saskatchewan)

SASKATOON (CUP) — The National Collegiate Athletic Association recently adopted a new policy for transgender athletes, but Canadian Interuniversity Sport and many other Canadian athletic associations are in no rush to do the same.

The NCAA’s policy states that any athlete who has testosterone in their system as the result of medical treatment cannot compete on a women’s team. If a male is transitioning or has transitioned to a female, the athlete can compete on a women’s team if they provide documentation showing that they have undergone testosterone suppression treatment for one full year.

Goto Full Article “Click Here”

Published September 2011