The doctrine of proportionality: A proposed solution to human rights infringements in sports adjudication

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.