Gender Self-Determination in Sports: An Analysis from a Bioethical and Constitutional Perspective

Cardenas Gonzales J.R.; Ventura Zurita J.J. · Boletin Mexicano de Derecho Comparado (2025) · DOI: 10.22201/iij.24484873e.2025.173.19834

Resumen

This article critically analyzes sports regulations that limit gender self-determination from a bioethical and constitutional perspective. It is argued that these policies, based on biological criteria such as testosterone levels, not only violate fundamental principles such as equality and human dignity, but also perpetuate dynamics of exclusion and discrimination. The psychological and social impact of these regulations is significant, negatively affecting the well-being of intersex athletes and reinforcing transphobic narratives. Furthermore, the proportionality of these regulations is questioned, given that they often lack robust scientific justification and do not consider less restrictive alternatives. In contrast, inclusive and participatory reforms that promote competitive justice without compromising fundamental rights are proposed. This approach would not only ensure the legitimacy of sport regulations, but also foster a more equitable and democratic environment, aligned with constitutional and international human rights values.

Instituciones: Universidad Nacional Pedro Ruiz Gallo