3 | Human rights risks and challenges
Focus on the athlete experience, and the rights of
athletes, has recently been elevated in Australia
and Aotearoa New Zealand. Of note for this Human
Rights Risk Assessment, are the Independent
Review of Gymnastics in Australia conducted by the
AHRC55 and the Independent Review of Gymnastics
in New Zealand56 (both published in 2021). The
reviews were established following serious
allegations of abuse of children, particularly young
girls, within the sport. More athletes from a wide
variety of sports are coming forward to expose
misconduct and abuse experienced during their
careers. In October 2021, former Matilda, Lisa De
Vanna, spoke out about abuse she had witnessed
while playing and the recent death of New Zealand
Olympian cyclist Olivia Podmore has also led to a
second inquiry into Cycling NZ.
Stakeholders also raised the following risks
pertaining to the rights of LGBTQI+ athletes, noting
some overlap between these issues and the risks
to spectators who identify as LGBTQI+ set out at
section 3.2(e)(ii) of this report:
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The risk of transgender players facing
discrimination under FIFA rules and being
unable to participate in the tournament.
– Stakeholders questioned FIFA’s position
regarding the inclusion of trans players
at all stages of their transition.
– FIFA’s Gender Verification Regulations,57
issued in May 2011, appear to be still
in place despite advice from FIFA that
these would be removed in 2019.
– FIFA’s Gender Verification Regulations
mandate that national associations can
issue a request for a gender test to be
performed on a female footballer, and
this may include a review of medical
history and a physical examination
performed by an independent expert.
It is unclear whether FIFA’s policies,
including the Gender Verification
Regulations, are trans-inclusive or
exclusive. This policy position needs to
be urgently clarified and updated.