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July 7, 2024Bratislava Law Review1 citationsOpen Access

Intersexuality and Transgender Identity as a "Problem" of Participation in Sports Competitions

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AEAndrea ErdösováEDErik DosedlaPGPetra Gašparová

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Abstract

Amidst a global landscape where transgender individuals face unprecedented challenges in accessing equitable sexual health care, our review breaks new ground by exploring the intricacies of sexual health within the transgender community. Unveiling the critical gaps in current health care practices, our research not only amplifies the voices of those often marginalised in health narratives but also pioneers a comprehensive, culturally sensitive approach to transgender sexual health. The literature review tries to find medical and subsequent legal justifications for PRO and CONS of participation of transgender and intersex athletes in the category of the opposite sex. It tries to analyse which differences in life can be relevant in defining competitive advantages, which nowadays lead to very controversial, often politically motivated conclusions. The opinions of the professional and sports public do not go along with some decisions of sports associations and authorities. It therefore also deals with the recent decision of the European Court of Human Rights in the case of Caster Semenya, as well as the participation of athletes across different sports disciplines and categories. It does not ignore the question of the adequacy of anti-discrimination measures. Furthermore, it evaluates the impact of such participation on the integrity and fairness of competitive sports, highlighting the need for a balanced approach that respects the rights of all athletes. This study stands at the forefront of transforming sexual health care for transgender individuals worldwide.

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Erdösová et al. (2024) studied this question.

synapsesocial.com/papers/68e6119bb6db6435875a4dc5https://doi.org/10.46282/blr.2024.8.1.855
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Also Consider

Synapse has enriched 5 closely related papers on similar clinical questions. Consider them for comparative context:

  1. 1Transgender Athletes: Rights and Regulations in Sports Law2025
  2. 2Governing transgender athletes in global sport: fairness, evidence, media representation, and lived experience2026
  3. 3Equity in Play: Analyzing Legal and Ethical Views on Transgender Participation in Sports2024
  4. 4Trans-inclusion in sports: history, scientific evidence and future directions2026
  5. 5Medical Care of Transgender Athletes and Policy Implications: ACSM Contemporary Issue Statement2026