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Abstract

This Article examines the intersection of sports governance, gender identity, and international human rights law, using boxing as a central case study to explore the inclusion of transgender and nonbinary athletes. Tracing the historical and cultural evolution of gender participation in sports from ancient civilizations to contemporary institutions, the Article highlights how colonial, patriarchal, and pseudoscientific ideologies have long shaped the regulatory frameworks of modern sports. The doctrine of lex sportiva, which governs international sports through autonomous legal norms, is analyzed for its exclusionary gender practices and resistance to external legal oversight. Focusing on the World Boxing Council (WBC), the Article critiques its 2022 policy creating separate divisions for transgender athletes, arguing that such segregation reinforces marginalization rather than ensuring fairness or safety. The paper then proposes gender-inclusive alternatives grounded in medical, legal, and ethical principles—emphasizing weight classes, experience, and athlete autonomy over biologically reductive criteria. Drawing on international legal instruments such as ICESCR, CEDAW, and CRPD, as well as United States anti-discrimination law, this Article makes the case for sports access as a fundamental human right for all gender expressions. It argues that inclusive policies not only better reflect the realities of athletic performance but also uphold the dignity and rights of all participants. Ultimately, the Article calls for a reimagining of sports governance that centers the lived experiences of transgender and nonbinary athletes and urges legal institutions, policymakers, and governing bodies to adopt structural reforms that prioritize equity, accountability, and inclusion.

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