ABSTRACT
This chapter explores that the division of sport and society according to sex is challenged by minorities such as intersex and transgender who do not sit neatly into those categories and who do not conform to the gender attributes typically associated with man and woman. Gender policies specifically challenge legal human rights standards concerning privacy and dignity since it could be argued that they are invasive and intrude on the lives of females. However, just as with intersex individuals, an unfair advantage on the basis of gender is difficult to prove with certainty and instead hormone treatment could lead to an infringement of fundamental human rights. The justifications for regulating advantage in sport may be entirely legitimate, but solely determining advantage according to chromosomes or hormones is highly inaccurate and unfair. The chapter also presents case studies of Maria Patino, Santhi Soundarajin, Caster Semenya, and Park Eun-Seon.
