Human Rights Watch has repeatedly criticised World Athletics DSD rules, which have impacted Caster Semenya ©Getty Images

Human Rights Watch has praised a new International Olympic Committee (IOC) framework for transgender and differences in sex development (DSD) athletes, which it calls a "significant step toward protecting the dignity of all women athletes".

The framework outlines 10 principles that the IOC says will guide International Federations (IFs), which have been placed in charge of devising eligibility criteria and regulations for their own sports.

Inclusion, prevention of harm, non-discrimination and fairness are among key aspects of the framework, which, in a significant shift from the previous consensus statement, says there should be no presumption of advantage and that IFs must base any restrictions on "robust and peer-reviewed research".

Primacy of health and bodily autonomy, a stakeholder-centred approach, right to privacy and periodic reviews are also included in the framework.

Human Rights Watch says the framework provides "strong human rights guidance" and differs from "sex testing policies" adopted by World Athletics.

The organisation has repeatedly criticised World Athletics’ policies and last December held a panel discussion titled "End Abusive Sex Testing for Women Athletes".

Laurel Hubbard's participation at Tokyo 2020 provoked debate over transgender rules ©Getty Images
Laurel Hubbard's participation at Tokyo 2020 provoked debate over transgender rules ©Getty Images

"The new IOC framework represents a turning point for the fundamental rights of athletes, and a boost for women’s inclusion in sports worldwide," said Minky Worden, director of global initiatives at Human Rights Watch.

"Foregrounding the rights to bodily autonomy, health, and privacy, the IOC has taken a significant step toward protecting the dignity of all women athletes.

"The IOC has clarified that while regulating fair play is a valid undertaking for sport authorities, committing human rights violations in the process is not.

"Policies that are inherently discriminatory - such as sex testing regulations - fly in the face of the Olympic Movement’s commitments to dignity and equality for all, and the new IOC framework makes it clear that sex testing should be relegated to sport’s history books."

The International Cycling Union announced it would mirror World Athletics' policy - which requires transgender athletes to be less than 5nmol/L to compete - at the organisation’s events.

This differed from the previous IOC consensus statement produced in 2015, which only required a drop in testosterone to below 10nmol/L for at least 12 months.

World Rugby last year approved its updated guidelines, with the governing body concluding transgender women should not play women's contact rugby.

A review deemed allowing trans women to compete in women's rugby could lead to injuries due to "physiological differences".

World Rugby implemented guidelines on transgender participation last year with an focus on safety ©World Rugby
World Rugby implemented guidelines on transgender participation last year with an focus on safety ©World Rugby

IOC medical and scientific director Richard Budgett suggested earlier this year that policies could differ at elite and grassroots level.

This could see the elite level placing a greater emphasis on fairness and safety, while National Federations may have a greater focus towards inclusion.

This has been reflected in the IOC’s statement that the framework seeks to serve the specific needs of high-level organised sports competitions, while promoting and defending inclusion and non-discrimination at recreational and grassroots level.

A key question for IFs in determining any restrictions will be peer reviewed research, with the IOC having acknowledged more research is required.

The Centre For Sport and Human Rights has welcomed the IOC framework, adding it would offer support to IFs to help implement "responsible sport".

"We applaud the IOC for developing this athlete-centred, principles based framework that is guided by human rights in its approach to health, safety, privacy and primacy of bodily autonomy and access to remedy for inclusive, fair and non-discriminatory sport," said Mary Harvey, Centre for Sport and Human Rights chief executive.

"The wide stakeholder engagement undertaken by the IOC with affected athletes, experts and advocates is especially critical when developing such an important sport policy, and we’re delighted to see this so strongly considered during this process.

"The Centre looks forward to collaborating with the IOC and the entire Olympic Movement, in particular with International Sport Federations and National Olympic Committees, to provide support in the education, research, contextual design and implementation of responsible sport that continues to evolve from this framework."