Gender eligibility report for FIFA recommends a move away from ‘yes or no’ debate in sport inclusivity
A report to examine competing perspectives on the participation of gender diverse athletes in sport, and their impact on the development of gender eligibility policies in football, has recommended a more nuanced and collaborative approach to gender eligibility in the sport.
Made possible with the support of the FIFA Research Scholarship and authored by leading discrimination in sport expert, Associate Professor Seema Patel, Nottingham Law School, the report draws on research to offer practical guidance aimed at creating an effective and harmonious, rather than oppositional, approach to regulation in football.
The study involved 30 unstructured conversations with female, male and trans-female athletes; coaches / heads in Men’s and Women’s football; specialists in specific areas of sport, such as university, inclusion, and human rights; science and medical experts; and academics across a range of disciplines, for example sports law, sociology and psychology.
The research also scoped 25 existing sport gender eligibility policies to map out the current landscape, alongside a comprehensive literature analysis which closely examined the perspectives of sport, science, human rights, law, lived experiences and ethics views on gender eligibility.
Findings reveal significant inconsistencies and gaps in current policies, highlighting the complexities of balancing the competing values of fairness, inclusion, and scientific evidence. However, the outcomes reveal a consensus that FIFA has an opportunity to lead the way in developing clear, evidence-based, and compassionate policies that protect the rights and wellbeing of all athletes.
Associate Professor Seema Patel, Nottingham Law School
The report recommends that FIFA consults representatives from all interested parties in a meaningful – rather than tokenistic - way, including but not limited to sport, science and medicine, law and regulation, human rights, cis-athletes, trans athletes, DSD athletes, social sciences and ethics.
It also stresses the importance of focusing on gender diverse players at grassroots and community level first, to map out participation and understand behaviours. This aims to give FIFA better awareness of how these players are progressing and identify where there are examples of inclusion, exclusion, advantage, safety, risk, injury or access.
It is also recommended that FIFA develop clear and consistent guidance for all levels of football, recognising that policies at the elite level can impact participation and inclusion at lower levels and outlining how the principles of fairness, safety, and inclusion will be applied across different levels of competition.
A cycle of regular policy review is endorsed, which recognises that gender diversity in football is an evolving area that requires ongoing research, consultation, and adaptation.
The creation of a Gender Diversity in Football FIFA Group is also suggested to oversee the implementation and ongoing review of gender eligibility policies, as well as engaging in outreach and education initiatives.
In addition, FIFA should develop and distribute educational resources to increase awareness and understanding of gender diversity within the football community, addressing topics such as gender identity, the science of sex and gender, and the importance of inclusion.
Report author, Associate Professor Seema Patel, said: “The rising presence of gender diverse people in the sport illustrates that football can be a welcoming and inclusive environment.
“However, there are a number of legal, regulatory and social barriers to inclusion across all levels of sport because of perceived difference. In other sports we have so far seen a tendency towards outright bans, based on inconclusive science without human rights considerations.
“There is no easy solution, but football has a unique platform to lead with care by encouraging healthy dialogues around inclusion in the sport, challenging misinformation and promoting understanding.
“Football’s globally influential position means that it can alter the current gender status quo through a collective approach to gender eligibility, which prioritises a thorough understanding of the diverse perspectives and experiences involved.”