UN Report - Males In Female Sports Is Violence Against Women & Girls

Record Of Our Dissent: Testimony To The Massachusetts Commission On The Status Of Women, 10/22/24

Oct 28, 2024

Below is a transcript of testimony presented at a public hearing of the Massachusetts Commission On The Status Of Women (MCSW) on 10/22/24. Additional relevant excerpts follow. Footnotes to all excerpts quoted in this post can be found in the UN report. All states have a Commission On The Status Of Women and many of them hold public hearings. This is one of many ways to get your concerns on record and reach state policy makers and the general public.

On October 8th Reem Alsalem, the United Nations independent expert on violence against women and girls, spoke before the UN General Assembly to deliver her report which explores the various forms, causes and consequences of violence against women and girls in sports. In a media briefing about her report she said that violence against women and girls in sports “is a serious, systemic and systematic human rights issue that demands immediate attention at all levels.”

The report addresses 13 categories of violence, but one single source, in particular, runs through the majority of these categories: the inclusion of males in female sports.

I am testifying today to draw you attention to this important report, share two excerpts and request that you give your “immediate attention” to the report’s concerns and recommendations, as they relate to the inclusion of males in female sports in Massachusetts, though your own research, fact-finding hearings, public forums, reports, policy recommendations and legislative endorsements.

Because of time constraints I will read excerpts from only two of the 7 relevant categories and will submit an unabridged testimony, with additional pertinent excerpts, including recommendations, for your future consideration.

Also, I want to note that under the category of physical violence (which I won’t read) this UN report has a footnote (11) that refers to an incident that took place right here Massachusetts this past February.

Regarding psychological violence (sections 27 & 28):

The knowledge of female athletes that they may be competing against males included in female sports, including males that identify as females or males with specific XY differences in sex development, causes extreme psychological distress due to the physical disadvantage, the loss of opportunity for fair competition and of educational and economic opportunities and the violation of their privacy in locker rooms and other intimate spaces.
The harmful consequences of psychological violence include eating disorders, headaches, insomnia, fear, anxiety, diminished concentration, aggressiveness, reduced self-confidence, substance abuse, self-harm, isolation and decline in academic or athletic performance. It can also result in feelings of guilt, suicidal thoughts, depression and humiliation.

Regarding denial of the right to freedom of expression, opinion and assembly (section 31):

Female athletes and coaches who object to the inclusion of …[males] in their spaces due to concerns about safety, privacy and fairness are silenced or forced to self- censor; otherwise, they risk losing sporting opportunities, scholarships and sponsorships. Many are also accused of bigotry, suspended from sports teams and subjected to restraining orders, expulsion, defamation and unfair disciplinary proceedings. Other females have quit sport owing to pressure, threats (including death threats) and verbal abuse. Such consequences have been reported in… the United States [among other places] violating the fundamental human rights of female athletes to freedom of belief, opinion and expression. Women face aggression when they assemble with respect to these issues.

Thank you for this opportunity and for the work you do on behalf of the women and girls of the Commonwealth.

ADDITIONAL RELEVANT EXCERPTS (not read at the 10/22 hearing)

Regarding physical violence (section 7):

Female athletes are also more vulnerable to sustaining serious physical injuries when female-only sports spaces are opened to males, as documented in disciplines such as in volleyball, basketball and soccer. Instances have been reported where adult males have been included in teams of underage girls. Injuries have included knocked-out teeth, concussions resulting in neural impairment, broken legs and skull fractures. According to scientific studies, males have certain performance advantages in sports. One study asserts that, even in non-elite sport, “the least powerful man produced more power than the most powerful woman” and states that, where men and women have roughly the same levels of fitness, males’ average punching power has been measured as 162 per cent greater than females.

Regarding exclusion from sport (section 8):

The inclusion of males in the female sport category and related spaces may also lead to self-exclusion, in particular due to fears of physical injuries, or due to specific religious beliefs that prohibit females from accessing mixed-sex spaces.

Regarding opportunity for fair and safe competition (sections 11 & 12):

Policies implemented by international federations and national governing bodies, along with national legislation in some countries, allow males who identify as women to compete in female sports categories. In other cases, this practice is not explicitly prohibited and is thus tolerated in practice. The replacement of the female sports category with a mixed-sex category has resulted in an increasing number of female athletes losing opportunities, including medals, when competing against males. According to information received, by 30 March 2024, over 600 female athletes in more than 400 competitions have lost more than 890 medals in 29 different sports.
Male athletes have specific attributes considered advantageous in certain sports, such as strength and testosterone levels that are higher than those of the average range for females, even before puberty, thereby resulting in the loss of fair opportunity. Some sports federations mandate testosterone suppression for athletes in order to qualify for female categories in elite sports. However, pharmaceutical testosterone suppression for genetically male athletes – irrespective of how they identify – will not eliminate the set of comparative performance advantages they have already acquired. This approach may not only harm the health of the athlete concerned, but it also fails to achieve its stated objective. Therefore, the testosterone levels deemed acceptable by any sporting body are, at best, not evidence-based, arbitrary and asymmetrically favour males. Females are usually tested randomly to ensure that they are not using performance-enhancing drugs, while males are often not monitored to ensure that they are taking testosterone suppression drugs. To avoid the loss of a fair opportunity, males must not compete in the female categories of sport.

Regarding sexual assault and violence (section 24):

Removing single-sex spaces in sports may also increase the risk of sexual harassment, assault, voyeurism and physical and sexual attacks in unisex locker rooms and toilets. The insistence on maintaining female-only spaces, along with safeguarding and risk management protocols, arises from empirical evidence demonstrating that sex offenders tend to be male and that persistent sex offenders go to great lengths to gain access to those they wish to abuse.

Regarding discrimination based on sex (sections 32 & 33) :

There has been increased encroachment on female-only spaces in sports. Barring a few exceptions, sport has globally been separated into male and female categories because of male performance advantage. Sports have functioned on the universally recognized principle that a separate category for females is needed to ensure equal, fair and safe opportunities in sports.
Multiple studies offer evidence that athletes born male have proven performance advantages in sport throughout their lives, although this is most apparent after puberty. Historically, the sex difference in performance is larger than that explained by physiological and anatomical differences between males and females, in particular among lower-ranked athletes. These physiological advantages are not undone by testosterone suppression. Undermining the eligibility criteria for single-sex sports results in unfair, unlawful and extreme forms of discrimination against female athletes on the basis of sex. Given this reality, several international and national federations, such as World Aquatics, World Athletics, World Rugby, the International Cycling Union and others, have reinforced female-only categories while ensuring that all athletes can participate, including those with differences of sex development or gender identities other than the sex they were observed to have at birth.

Looking at this issue in a international human rights framework (section 76):

Under international law, women and girls also have a right to privacy, which would be forfeited by forcing mixed-sex spaces in sports locker rooms and other intimate facilities. Article 17 of the International Covenant on Civil and Political Rights of 1966 stipulates that “no one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation” and that “everyone has the right to the protection of the law against such interference or attacks”.

Taking into consideration the rights of transgender persons (section 85):

According to international human rights law, differential treatment on prohibited grounds may not be discriminatory if it is based on reasonable and objective criteria, it pursues a legitimate aim its effects are appropriate and proportional to the legitimate aim pursued and it is the least intrusive option to achieve the intended result. Maintaining separate-sex sports is a proportional action that corresponds to legitimate aims within the meaning of article 26 of the International Covenant on Civil and Political Rights and does not automatically result in the exclusion of transgender persons from sports, nor does it require invasive sex screenings. When combined with other measures, such as open categories, fairness in sports can be maintained while ensuring the ability of all to participate – a course of action followed by several professional sports associations.

Among the report’s many recommendations are these (section 87, b, c, d):

Ensure that female categories in organized sport are exclusively accessible to persons whose biological sex is female. In cases where the sex of an athlete is unknown or uncertain, a dignified, swift, non-invasive and accurate sex screening method (such as a cheek swab) or, where necessary for exceptional reasons, genetic testing should be applied to confirm the athlete’s sex. In non-professional sports spaces, the original birth certificates for verification may be appropriate. In some exceptional circumstances, such tests may need to be followed up by more complex tests;
Refrain from subjecting anyone to invasive sex screening or forcing a person to lower testosterone levels to compete in any category;
Ensure the inclusive participation of all persons wishing to play sports, through the creation of open categories for those persons who do not wish to compete in the category of their biological sex, or convert the male category into an open category;

Record of Our Dissent is a reoccurring portion of our newsletter dedicated to publishing previously submitted letters, public testimony and comment written to oppose Massachusetts and federal laws and policies which erode the sex-based rights of women and girls as well as child safeguarding. In addition to documenting our our dissent, we hope these writings will inspire others to speak out and take action. If you have something to share with our readers please contact us at ma4women@proton.me.