The International Olympic Committee (IOC) has confirmed a controversial new policy banning transgender athletes from competing in women’s events. Eligibility will now be determined by a ‘once-in-a-lifetime’ sex test, preventing transgender women and those with differences in sexual development from competing.
This is an abrupt U-turn from the IOC’s previous stance of leaving eligibility to individual sports federations. From a legal perspective, the decision opens a can of worms that will impact athletes from elite levels down to the grassroots.
The IOC stated that ‘eligibility for the female category is to be determined in the first instance by SRY gene screening’. The SRY gene — short for ‘sex-determining region Y’ — is associated with typical male sexual development. Any athlete testing positive for the gene will be barred from women’s categories. Screening will be conducted via saliva, cheek swabs, or blood samples.
While the IOC clarifies the rule is not retroactive and excludes recreational sports, a working group established in September 2025 reached a consensus that ‘male sex provides a performance advantage in all sports relying on strength, power and endurance’. A survey of over 1,100 Olympians also revealed a strong consensus that fairness and safety in the female category require clear, science-based rules.
This shift comes years after the Tokyo Olympics in 2021, where New Zealand weightlifter Laurel Hubbard became the first openly transgender woman to compete. Though she finished last, her participation sparked global debate. The new policy is expected to be adopted by various federations, many of which — like World Athletics and World Aquatics — have already implemented similar testing. The rule will apply to the Olympic Games, Youth Olympics, and qualifiers from Los Angeles 2028 onwards.
However, the decision may clash with laws ensuring the right to participate in sport. The United Nations’ International Charter of Physical Education and Sport defines sport as an international human right. Furthermore, a 2019 UN Human Rights Council resolution urged governing bodies to comply with international human rights.
As many sports organisations are based in Europe, the European Convention on Human Rights also applies. The UN Human Rights Council maintains that genetic sex testing violates rights to equality, privacy, and bodily integrity. While many support the IOC’s move to protect the female category, critics argue that banned athletes are being denied basic human rights.
Affected athletes may challenge these rules in the Court of Arbitration for Sport, which has a history of hearing gender eligibility cases. The policy may also violate the Council of Europe’s Convention on Human Rights and Biomedicine, alongside domestic laws prohibiting genetic testing without a medical purpose.
This is a monumental shift from the world’s most powerful sporting authority. It has sparked both celebration and disbelief, with legal aftershocks in the form of appeals and lawsuits almost certain to follow. Where this leaves transgender and intersex athletes seeking to compete at the highest level remains a complex, unresolved question.
The Conversation