France opposes discriminatory sex testing

The European nation’s sports minister continues to voice her opposition to the International Olympic Committee’s latest eligibility rules for women, underscoring its discriminatory nature, not only against female athletes, but also those with a lower socioeconomic status. 

“The prices of the test vary depending on the laboratories, but currently amount to several hundred euros. If an athlete has to pay €200 for a test to be able to participate in a competition, this is also a form of discrimination, especially considering the financial difficulties that some athletes are currently facing,” Marina Ferrari explained.

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On 26 March, the International Olympic Committee adopted a new Policy on the Protection of the Female Category, limiting eligibility to biological women —effectively barring transgender athletes from competing in the Games from Los Angeles 2028 and beyond. To ensure that only competitors are compliant, the governing body is introducing a mandatory, one-off Sex Determining Region Y gene test for women. Right off the bat, Ferrari had opposed the test, “which raises numerous ethical, legal and medical questions, particularly in light of French legislation,” adding that the country “regrets this.”

The International Olympic Committee has a history of sex testing but formally abandoned the practice ahead of the Sydney 2000 Olympic Games. “At the time, it was discontinued because its scientific validity had not been proven,” explained Amélie Oudéa-Castéra. “That said, this does not mean the issue should be ignored. In certain sports where physical demands are particularly high, such as boxing or rugby, there may be specific, documented cases where a transgender or intersex athlete could have a physical advantage, particularly in terms of strength or power,” she acknowledged.

Ferrari noted that since the end of Olympic-level sex testing, eligibility cases have been handled individually by international federations. However, she expressed strong reservations about moves to standardise such procedures.

“Several aspects of this decision to systematise femininity testing are troubling,” she said. “Even if the IOC denies it, this creates a form of discrimination between men and women, as not all male athletes would be required to prove their sex.”

She also raised practical concerns about implementation, questioning who would bear the cost of such tests. “Would it be the IOC? I doubt it. The international federation? Unlikely. The national federation? No. The state? That’s not possible, as genetic testing is illegal in France except for medical, judicial or scientific purposes. In the end, I fear the athlete will be expected to pay, and that is a serious concern.”

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