International legal aspects of gender verification in high performance sports


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Abstract

The article addresses the issues of international legal regulation of the problem of gender verification, the feasibility of which is usually justified by the need to ensure fair competition in women's competitions. At present, we can talk about two areas of its implementation: universal, which is implemented by the International Olympic Committee as part of the general idea of protecting pure athletes and supporting them on the playing field and outside it, as well as special, that is, provided by specific sports federations. Raising the question of the legal validity of the documents they accept, the authors note that with regard to the norms contained in the IOC documents, it is determined by the generally recognized authority of the organization and the scope of their application, while the binding rules developed by sports federations follow from the general principles of self-regulation, which involves the submission to similar norms of all participants of a professional association due to the very fact of membership in it. In this case, the main trend of international legal reg The transfer of their final decision from the IOC to the level of federations, which are increasingly under pressure from human rights organizations and the position of the CAS, has made the identification of issues of gender verification in high achievement sports, which makes further legal regulation in this area very undefined.

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About the authors

Ksenia Viktorovna Mashkova

Moscow State Law University named after O.E.Kutafin

Email: kvmashkova@mail.ru
PhD at Law. Position: Head of Department. Department: international cooperation department.

Maria Alexandrovna Borodina

Federal Research and Clinical Center of Physical-Chemical Medicine of Federal Medical Biological Agency, Academy of Postgraduate Education

Email: borodinam2006@yandex.ru
Dr of Medical Sciences, Associate Professor. Position: Head of Department. Department: Emergency department.

Vladimir Vladimirovich Nikiforov

Federal Research and Clinical Center of Physical-Chemical Medicine of Federal Medical Biological Agency, Academy of Postgraduate Education

Email: v.v.nikiforov@gmail.com
Dr of Medical Sciences, Professor. Position: Professor. Department: Hygiene, epidemiology and infectious diseases department.

Mikhail Vasilievich Medvedev

Federal Research and Clinical Center of Physical-Chemical Medicine of Federal Medical Biological Agency, Academy of Postgraduate Education

Email: mmedved@list.ru
Dr of Medical Sciences, Professor. Position: Head of Department. Department: Ultrasound and prenatal diagnosis department.

Georgiy Nikolayevich Suvorov

Federal Research and Clinical Center of Physical-Chemical Medicine of Federal Medical Biological Agency, Academy of Postgraduate Education

Email: ipk6019086@yandex.ru
Position: Vice-Rector on general affairs.

Sergey Sergeyevich Zenin

Moscow State Law University named after O.E.Kutafin

Email: zeninsergei@mail.ru
PhD at Law, Associate Professor. Position: Director.

References

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