Black women athletes have been unfairly targeted by discriminatory laws and practices implemented by athletics governing bodies. This is according to Dr Tlaleng Mofokeng, United Nations special rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.
Mofokeng spoke at the 17th Annual Human Rights Lecture, hosted by Stellenbosch University’s (SU) Faculty of Law, on 22 March.
“Legal frameworks have been used to further this harmful agenda,” stated Dr Tlaleng Mofokeng, United Nations special rapporteur on the right to health. Mofokeng was speaking on harmful sex testing policies that unfairly target black women athletes at the 17th Annual Human Rights Lecture hosted by Stellenbosch University’s Faculty of Law on 22 March. PHOTO: Daniel Roodt
The implementation of sex testing policies, governed by World Athletics, was designed to determine the eligibility of athletes to compete in different disciplines. However, these practices “resulted in [the] profiling and targeting of women according to gender stereotypes”, added Mofokeng. Black women athletes have been especially discriminated against through these policies, she said.
“If sports can’t exist in the same space as respecting human rights, I don’t want it,” stated Mofokeng.
Epistemic issues
“Lectures like these reinforce our commitment to and realisation of those rights enshrined in our Bill of Rights,” said Rodney Africa, an attorney at Weber Wentzel, during the opening remarks at the talk.
“The law can be an enabler of violence,” stated Dr Tlaleng Mofokeng, United Nations special rapporteur on the right to health. Mofokeng was speaking on problematic sex testing policies that unfairly target black women athletes at the 17th Annual Human Rights Lecture hosted by Stellenbosch University’s Faculty of Law on 22 March. Photo: Daniel Roodt
Sex testing practices, which are also often underpinned by racism, “violated internationally enshrined rights”, as they are non-consensual procedures, asserted Mofokeng. This is because athletes are faced with the choice of undergoing a test, or being banned from competing, added Mofokeng. Furthermore, “Women from the so-called global South [like Semenya] have been disproportionately affected.”
Solving the problem
Black people, and people affected by the issues at hand, “need the power to effect change”, stated Mofokeng. People in leadership positions need meaningful authority and power, if they are to develop policies and practices that do not violate human rights, she said.
Representation at an institutional and policy-making level is key to creating change in the practices governing athletes, said Mofokeng.
However, representation alone will not solve these issues. It is “the quality and politics of representation”, that will determine the extent representation can address issues of racism and stereotyping, explained Mofokeng.
“I think the Caster Semenya case exemplifies the mistrust and stereotypes [that are at play]”, when it comes to determining the “eligibility” of athletes, said Prof Sandra Liebenberg, the H.F. Oppenheimer chair in human rights law at SU, in an interview with MatieMedia.
From Left: Prof Juanita Pienaar, acting dean of Stellenbosch University’s (SU) Faculty of Law, Prof Deresh Ramjugernath, deputy vice-chancellor of Learning and Teaching at SU, Dr Tlaleng Mofokeng, United Nations special rapporteur on the right to health and Prof Sandra Liebenberg, the H.F. Oppenheimer chair in human rights law. They are pictured in front of SU’s Ou Hoofgebou. PHOTO: Daniel Roodt