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Press Release: Cycling Canada, OCA, UCI, Worley Settle Human Rights Application to Promote Inclusive Sporting Environments

Below is a press release issued by the UCI on July 18th, 2017 in regards to supporting XY female athletes. According to the World Health Organization (WHO), “most women are 46XX and most men are 46XY.” Furthermore, “in addition, some males are born 46XX due to the translocation of a tiny section of the sex determining region of the Y chromosome. Similarly, some females are also born 46XY due to mutations in the Y chromosome. Clearly, there are not only females who are XX and males who are XY, but rather, there is a range of chromosome complements, hormone balances, and phenotypic variations that determine sex. 

In 2016, the IAAF had a rule in place that female athletes competing in track and field events that are determined to be XY by a testosterone test are banned from competing against 46XX female athletes due to naturally higher testosterone levels that are deemed to provide an unfair advantage. India’s Dutee Chand fought this rule ahead of the Rio Olympics and was allowed to compete by the IOC after a ruling by CAS temporarily suspended the “T-Test”. 

The UCI, Cycling Canada, and Ontario Cycling Association have agreed to adopt a more inclusive approach to sport and raise awareness and education related to the diversity of participants.

Kristen Worley has settled her human rights application with Cycling Canada, the Ontario Cycling Association and the Union Cycliste Internationale (UCI). Worley sought changes to the policies, guidelines, rules, and processes surrounding XY female athletes, gender verification and therapeutic use of required hormones that are captured by anti-doping regulations.

“Today, I am satisfied that the sport of cycling in Canada and internationally have committed to help advocate for issues facing XY female athletes,” said Worley. “My vision encourages sport and the Olympic Movement to do what it is supposed to do best: harmonizing and celebrating through sport the magic and enormity of our human diversity.”

As a result of the settlement, Cycling Canada and the Ontario Cycling Association have agreed to:

• Review and revise internal policies to embrace human rights;
• Launch awareness and education related to diversity of participants;
• Advocate for the establishment of standards and guidelines related to XY female athletes based in objective scientific research;
• Advocate for individualized Therapeutic Use Exemptions (TUE) conducted by medical personnel with subject-matter expertise;
• Solicit CCES, COC, Sport Canada, Commonwealth Games Federation and the Canadian Minister of Sport to advance this advocacy message to international bodies such as WADA and the IOC.

Brenda Culbert, Worley’s lawyer from the Human Rights Legal Support Centre, praised Worley’s “unrelenting advocacy to raise complex issues in the international and national arena that intersect sport, science, gender and human rights.”

Ms. Worley has been a leader in her efforts to raise awareness and education in human rights in Canadian and international sport. Cycling Canada and the Ontario Cycling Association recognize the importance of advancing these advocacy initiatives at home and abroad. As a result, Cycling Canada and the Ontario Cycling Association are reviewing and revising their policies to embrace human rights and are embarking on a program of awareness and education related to diversity and inclusion of all participants.

The OCA and CC are pleased with the agreement with Ms. Worley and are looking forward to continuing to advocate for the development and inclusion of all athletes of Cycling in Canada and internationally.

The UCI will support an advocacy initiative to encourage sport’s governing bodies, at the highest level, to adopt policies and guidelines that are based in objective scientific research and responsive to the individualized needs of XY female athletes.

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