Paris 2024 Olympics: A landmark for LGBTI athletes in global sports

Author: Lakshita Kanhiya
Pan-Africa ILGA

The Paris 2024 Olympics,^[1] held from 26 July to 11 August 2024, marked a historic event not only in sports but also in the ongoing struggle for lesbian, gay, bisexual, transgender, and intersex (LGBTI) rights. The Olympics is a global platform where the world’s best athletes showcase their talents, but it is also a stage where issues of equality, human rights, and inclusion come into sharp focus.

The Paris 2024 Olympics marked a significant milestone for LGBTI representation in sports, with a record-breaking 193 openly LGBTI athletes competing.^[2] The Games also featured important symbols of inclusion, such as the Olympic Pride House and the opening ceremony’s celebration of LGBTI culture, though these initiatives faced backlash from some groups.^[3] The Paris 2024 Olympics not only set a record for LGBTI representation but also for their remarkable success in competition. A third of the openly LGBTI athletes at the Games, amounting to at least 64 individuals, secured a medal, demonstrating the extraordinary talent and resilience within the community.^[4] Team LGBTI, which represented various nations, collectively achieved 68 total medals,^[5] including 22 gold, 22 silver, and 24 bronze. In fact, if Team LGBTI were ranked as a country, they would have placed fifth in the overall medal count, underscoring their significant impact.^[6] This success marks a significant leap from previous Games^[7] and highlights the growing visibility and prowess of LGBTI athletes on the global stage.^[8] The success of LGBTI athletes at the Paris Olympics transcends mere medal counts; it stands as a powerful testament to their visibility, resilience, and the growing recognition of the presence of LGBTI athletes in sports, underscoring the critical importance of representation and the ongoing need for progress in the fight for equality in sports and beyond.^[9]

The inclusion of LGBTI persons in sports is a complex legal issue that sits at the intersection of human rights, anti-discrimination law, and sports regulation. Key international instruments such as the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR), and the Yogyakarta Principles articulate the rights of individuals to be free from discrimination based on sexual orientation and gender identity. Article 2 of the UDHR asserts that ‘everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind’, a principle echoed in article 26 of the ICCPR, which guarantees equal protection under the law without discrimination. The Yogyakarta Principles, though not legally binding, offer specific guidance on the application of international human rights law to issues of sexual orientation and gender identity. Principle 6 emphasises the obligation of states to prevent and combat discrimination in all areas, including sports. In the context of sports, the application of these principles is crucial in ensuring that LGBTI persons can participate fully and equally. The right to participate in sports is also recognised in article 30 of the Convention on the Rights of Persons with Disabilities (CRPD), which highlights the importance of access to sports without discrimination.

Many jurisdictions have enacted anti-discrimination laws that explicitly protect LGBTI persons.^[10] Some countries have robust protections for LGBTI persons in sports, while others lack comprehensive legal frameworks, leading to inconsistencies in inclusion efforts. These international norms provided the legal foundation for LGBTI athletes who competed in Paris without facing discrimination. However, the enforcement of these rights often depends on the actions of international bodies like the International Olympic Committee (IOC)^[11] and the legal frameworks of the host country.

The IOC has a critical responsibility in ensuring that the Olympic Games are conducted in a manner that respects the rights of all athletes, including those who identify as LGBTI. The Olympic Charter, which serves as the governing document for the Games, includes a commitment to non-discrimination. Principle 6 of the Olympic Charter prohibits ‘any form of discrimination with regard to a country or a person on grounds of race, religion, politics, gender, or otherwise’, a provision that encompasses sexual orientation and gender identity.^[12] Sport’s governing bodies, and various national sports federations, have developed policies addressing the inclusion of LGBTI athletes. These policies often focus on issues such as the eligibility of transgender athletes and the participation of intersex athletes in gender-segregated sports categories. The IOC, for example, has guidelines for transgender athletes that allow them to compete in their affirmed gender category, provided they meet specific medical criteria.^[13] These guidelines aim to balance inclusivity with fairness in competition. However, these criteria, particularly those related to hormone levels, have been criticised for being overly restrictive and potentially discriminatory.

Legal challenges to these policies often arise, with arguments centred on the potential violation of human rights and anti-discrimination principles. Courts and human rights bodies have been called upon to adjudicate cases where athletes challenge the fairness and legality of exclusionary policies. The inclusion of LGBTI persons in sports has led to significant legal precedents^[14]. However, the European Court of Human Rights (ECHR) later ruled that Switzerland had violated Semenya’s rights by failing to protect her from the discriminatory regulations imposed by the IAAF. The ECHR found that the Swiss courts had inadequately considered her rights to private life and non-discrimination under the European Convention on Human Rights.[15] This decision underscored the importance of fair and non-discriminatory treatment in sports, marking a pivotal moment in the ongoing debate surrounding gender, sports, and human rights. Another landmark case is Grimm v. Gloucester County School Board,^[16] where the U.S. Fourth Circuit Court of Appeals ruled that a transgender student’s exclusion from the school’s male sports teams violated Title IX. This decision reinforces the legal principle that discrimination based on gender identity is prohibited in sports programs receiving federal funding.

In preparation for the Paris 2024 Olympics, the IOC reaffirmed its commitment to inclusivity through various initiatives. The IOC’s Framework on Fairness, Inclusion, and Non-Discrimination on the Basis of Gender Identity and Sex Variations, introduced in 2021, played a crucial role in shaping the participation of transgender and intersex athletes. This framework emphasised that athletes should not be excluded from competition based on their gender identity or sex variations unless such exclusion is necessary to ensure fair competition. During the Paris 2024 Olympics, the IOC’s guidelines were put to the test as several transgender and non-binary athletes competed in various events. The IOC’s approach to these athletes was guided by a balance between inclusivity and fairness, but it also highlighted the complex legal and ethical questions surrounding gender identity in sports.

As the host nation, France bore significant responsibility for ensuring that the rights of LGBTI athletes were protected during the Olympics. France is a party to numerous international human rights treaties, including the ICCPR, which obligates it to uphold principles of non-discrimination and equality. Domestically, French law provides strong protections for LGBTI persons. The French Constitution and the Penal Code both prohibit discrimination on the basis of sexual orientation and gender identity, reflecting France’s broader commitment to LGBTI rights. During the Paris 2024 Olympics, these legal protections were crucial in safeguarding LGBTI athletes from discrimination and ensuring their right to participate on equal terms. France also took proactive measures to ensure the safety and security of LGBTI athletes, including providing specialised support services and implementing anti-discrimination protocols at Olympic venues.^[17]

However, the legal and social environment for LGBTI athletes varied widely depending on their country of origin. Athletes from nations with restrictive laws on LGBTI rights faced unique challenges, including potential legal repercussions upon returning home if they competed openly as LGBTI individuals. France’s role in providing a safe and inclusive environment for these athletes was particularly significant, as it underscored the need for international solidarity in protecting LGBTI rights. Despite the legal protections in place, LGBTI athletes faced several challenges during the Paris 2024 Olympics. The participation of transgender and intersex athletes sparked legal debates and public controversies.  As a case in point, Olympic boxing gold medallist Imane Khelif has taken a decisive step in combating online harassment by filing a legal complaint in Paris against a deluge of transphobic attacks,^[18]on the basis of perceptions that she was not qualified to compete in the women’s boxing competition because of her physical appearance. The complaint, submitted to the Paris prosecutor’s office’s specialised unit for addressing online hate speech, underscores the escalating issue of cyberbullying, particularly fuelled by transphobia. Khelif’s action highlights not only her resilience as an athlete but also the ongoing struggle against discrimination in sports, where the principles of sportsmanship are too often undermined by prejudice and hate.

Thus, although Caster Semenya did not compete in Paris, her legal battle against regulations imposed by World Athletics regarding testosterone levels remained a focal point in discussions about the rights of intersex and transgender athletes. Similarly, the experiences of athletes like Laurel Hubbard, a transgender weightlifter from New Zealand, highlighted the legal and ethical complexities of inclusion in sports. While Hubbard’s participation in the Tokyo 2020 Olympics was groundbreaking, the debates surrounding her eligibility persisted into the Paris 2024 Games, raising questions about the balance between fairness and inclusivity.

The legal challenges arising from these cases are likely to influence future regulations and policies on the inclusion of transgender and intersex athletes in international competitions. The Paris 2024 Olympics represented a significant milestone in the inclusion of LGBTI athletes on the world stage. The international legal framework, the IOC’s guidelines, and France’s domestic laws provided a strong foundation for ensuring that LGBTI athletes could compete without fear of discrimination. However, the Games also underscored the complexities and challenges that remain in fully realising the rights of LGBTI athletes.

As the global community reflects on the Paris 2024 Olympics, while progress has been made, there is still much work to be done. The legal battles and public debates surrounding LGBTI athletes highlight the need for continued advocacy, legal reform, and international cooperation to ensure that all athletes, regardless of their sexual orientation or gender identity, can participate in sports with dignity and equality. The Paris 2024 Olympics have set a precedent for future Games, demonstrating that inclusivity and fairness can co-exist in the world of sports. It is now up to the legal community, sports organisations, and human rights advocates to build on this foundation and continue the fight for equality in all areas of society. The future of LGBTI inclusion in sports will depend on the ability of legal systems and sport’s governing bodies to harmonise the principles of inclusivity, fairness, and respect for human dignity.

^[1] https://olympics.com/en/paris-2024

^[2] I Yip ‘A record 193 LGBTQ athletes to compete in Paris Olympics’ (30 July 2024, NBC News) available at: https://www.nbcnews.com/nbc-out/nbc-out-proud/lgbtq-athletes-paris-olympics-rcna162518

^[3] A Martin ‘Paris 2024: a festive and inclusive sanctuary for everyone at the Olympic and Paralympic Games’ (9 August 2024) available at: https://olympics.com/en/news/pride-house-paris-2024-a-festive-and-inclusive-sanctuary-for-everyone-at-the-olympic-and-paralympic-games

^[4] C Zeigler ‘A third of all out LGBTQ athletes at the Paris Olympics won a medal’ available at: https://www.outsports.com/2024/8/12/24100287/medal-count-paris-olympics-team-lgbtq-athletes-won-gold-silver-bronze/

^[5] C Zeigler ‘A third of all out LGBTQ athletes at the Paris Olympics won a medal’ available at: https://www.outsports.com/2024/8/12/24100287/medal-count-paris-olympics-team-lgbtq-athletes-won-gold-silver-bronze/

^[6] C Zeigler ‘A third of all out LGBTQ athletes at the Paris Olympics won a medal’ available at: https://www.outsports.com/2024/8/12/24100287/medal-count-paris-olympics-team-lgbtq-athletes-won-gold-silver-bronze/

^[7] C Zeigler ‘A third of all out LGBTQ athletes at the Paris Olympics won a medal’ available at: https://www.outsports.com/2024/8/12/24100287/medal-count-paris-olympics-team-lgbtq-athletes-won-gold-silver-bronze/

^[8] C Zeigler ‘A third of all out LGBTQ athletes at the Paris Olympics won a medal’ available at: https://www.outsports.com/2024/8/12/24100287/medal-count-paris-olympics-team-lgbtq-athletes-won-gold-silver-bronze/

^[9] C Carson ‘Team LGBTQ: A Record Breaking Medal Haul at the Paris 2024 Olympics’ (2024) available at: https://glaad.org/team-lgbtq-a-record-breaking-medal-haul-at-the-paris-2024-olympics/

^[10] See for instance: https://database.ilga.org/juridictions-profiles

^[11] See for instance: https://ita.sport/partner/international-olympic-committee-ioc/

^[12] See for instance: https://sfbaytimes.com/principle-6/#:~:text=Principle%206%20of%20the%20Olympic,that%20this%20includes%20sexual%20orientation.

^[13] M Lavietes ‘International Olympic Committee issues new guidelines on transgender athletes’ available at: https://www.nbcnews.com/nbc-out/out-news/international-olympic-committee-issues-new-guidelines-transgender-athl-rcna5775

^[14] For further reading: DL Coleman ‘Semenya and ASA v IAAF: Affirming the Lawfulness of a Sex-Based Eligibility Rule for the Women’s Category in Elite Sport’ available at: https://core.ac.uk/download/pdf/322820145.pdf Case law available at: https://hudoc.echr.coe.int/eng-press#{%22itemid%22:[%22003-7701636-10631196%22]}

The ECHR ruled that Switzerland violated Semenya’s rights by not protecting her from the discriminatory regulations imposed by the IAAF. The court found that the Swiss courts had failed to adequately consider her right to private life and non-discrimination under the European Convention on Human Rights. The decision emphasised the necessity of fair and non-discriminatory treatment in sports and marked a significant moment in the ongoing debate around gender, athletics, and human rights.

Referencing: https://www.icj.org/switzerland-european-court-of-human-rights-rules-in-favour-of-south-african-athlete-mokgadi-caster-semenya/

[15] ‘Switzerland: European Court of Human Rights rules in favour of South African athlete, Mokgadi Caster Semenya’ (2023, International Commission of Jurists) available at: https://www.icj.org/switzerland-european-court-of-human-rights-rules-in-favour-of-south-african-athlete-mokgadi-caster-semenya/

^[16] Grimm v. Gloucester County School Board No. 19-1952 (2020)

^[17] C Carson ‘Lighting the Way Forward: GLAAD’s Paris 2024 Guide on LGBTQ Athletes and the Olympic Games’ (24 July 2024, GLAAD) available at: https://glaad.org/lighting-the-way-forward-glaads-paris-2024-guide-on-lgbtq-athletes-and-the-olympic-games/

^[18] ‘Olympic champion Imane Khelif files petition with Paris police over online harassment’ available at: https://www.nbcnews.com/sports/olympics/mane-khelief-files-petition-paris-police-rcna166148?utm_source=substack&utm_medium=email

About the Author:

Lakshita Kanhiya is an advocate from the Global South and Small Island Developing states (SIDS), specialising in religion, sexuality, rule of law, digital age, and climate justice. She blends intersectional advocacy with decolonial perspectives, excelling in strategic litigation, program development, and coalition building. Multilingual and academically accomplished, Lakshita thrives in challenging environments, committed to lifelong learning and justice.