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Transgender women will be prohibited from participating in women鈥檚 events at the Olympics following a recent announcement made by the The International Olympic Committee (IOC).

The contentious rule, dubbed the 鈥楶olicy on the Protection of the Female (Women鈥檚) Category in Olympic Sport and Guiding Considerations for International Federations and Sports Governing Bodies鈥� will be enforced from the 2028 Olympic Games in Los Angeles.

Under this new rule, only athletes who screen negative for the SRY gene, a gene found on the Y chromosome commonly associated with typical male sex development in mammals, will be eligible to compete in the female category. The screening will require athletes to provide a saliva, cheek swab, or blood test sample.

At this stage, it is unclear what if any exceptions will be made in atypical cases, such as in the case of individuals who are intersex, or individuals with Swyer syndrome or androgen insensitivity.

While the policy鈥檚 very title cites 鈥減rotection鈥� as a primary goal, widespread criticism has called into question whether it seeks to protect women at all.

Move criticised widely by human rights advocates

In a joint statement signed by Australian sport and human rights advocates, Pride Cup, Pride in Sport, and Equality Australia among them, concerns have been raised as to how this change might actually endanger athletes.

鈥淎ll women and girls should feel safe and protected in women鈥檚 sports,鈥� the statement read.

鈥淭he proposed IOC policy will make all women targets for harassment and abuse. Investigations often involve coerced medical exams, disclosure of intimate health information, and media scrutiny that can permanently harm the person.鈥�

Nikki Dryden, Human Rights Lawyer, Olympic Swimmer, and signatory of the statement cautioned that this is not only a dangerous step toward 鈥減olicing girls鈥� bodies鈥�, but that the policy would actually be unlawful in Australia.

“Mandatory sex testing and blanket bans directly conflict with the Sex Discrimination Act, our sporting National Integrity Framework, and our safeguarding obligations to children,鈥� Dryden said.

鈥淎ustralia already has world-leading, evidence-based policies that ensure competition integrity, safety and inclusion. Moving toward exclusionary, invasive rules is not only unnecessary, it is a step back over 25 years that exposes athletes and organisations to serious legal and integrity risks.

鈥淚f enacted, the Guidelines would likely breach Australia鈥檚 anti-discrimination laws, the National Integrity Framework, and Elite Youth Athlete Guidelines. No international sport organisation can override Australian law with a policy and a press conference.鈥�

In a separate statement, Professor of Law at Monash University Paula Gerber called to attention how the policy will harm trans and gender-diverse people.

鈥淸It] turns trans people into a target of exclusion and sits uneasily with core human rights principles of equality, dignity and non-discrimination.

“Blanket exclusion and coercive testing of transgender athletes is a blunt and discriminatory response that is not supported by science and violates international human rights law.聽 Mandatory genetic sex testing and rigid biological criteria as a condition for participation in the women鈥檚 category violates fundamental and universal human rights as set out in the International Covenant on Civil and Political Rights, including the right to equality, non-discrimination, dignity, privacy and bodily integrity.”