Abstract:
The primary aim of this study is to emphasise the importance of applying
consistent standards in the adjudication of human rights matters,
particularly in the context of sports disputes. This study will investigate the
judgments handed down by various courts in matters pertaining to the
eligibility of female athletes with Difference of Sex Development to
compete in elite competition and the impact thereof on international
human rights. Conclusions are drawn regarding the need for a standard
approach when considering the legality of limiting human rights in arguing
that all courts should apply the same standards required by Human Rights
courts when adjudicating human rights issues, even within the realm of
sports disputes. The Doctrine of Proportionality is proposed as an
appropriate standard to ensure that limitations of fundamental rights are
just and reasonable.
