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THE STORY IN HER OWN WORDS ANNET NEGESA Annet Negesa is an athlete from Uganda. After telling her story in German TV and newspapers worldwide, it was very clear that Annet would not be able to return to Uganda, where the government was discussing establishing death penalty for people living in a homosexual relationship and members of the LGBTIQ community suffer from violent and brutal attacks. In late 2019, Annet was granted asylum in Germany where she hopes to receive medical care and begin studies in business. To support Annet, visit: https://support-annet.org/
THE IAAF AND ITS HUMAN RIGHTS POSITION The IAAF released a briefing about its eligibility Regulations for athletes with Differences of Sex Development when they came into effect in May 2019. In the briefing, the IAAF notes that it is a private body exercising private contractual powers, and therefore not subject to human rights instruments such as the Universal Declaration of Human Rights or the European Convention on Human Rights. The IAAF says its commitment to equal treatment and non-discrimination is written into its Constitution. The Court of Arbitration for Sport had upheld the Regulations as a “necessary, reasonable and proportionate” measure to achieve fair competition in female athletics. “Human rights is an umbrella term for a wide array of rights that it is broadly agreed all humans inherently possess,” the briefing notes. “But that does not mean that those rights are absolute, inviolable or sacrosanct. “As an example, and as in this case, a right against discrimination or unequal treatment is not absolute: discrimination or unequal treatment may still be lawful, if the rule/policy is a necessary and proportionate means of achieving a legitimate objective.” In October 2019, when Annet Negesa told her story on German television, the IAAF released a statement describing her claims as false, and strongly denied being involved in her treatment. “The IAAF does not advise, nor has it ever advised, an athlete on a preferred treatment route. The IAAF encourages relevant athletes to seek independent, medical advice and will, if requested, provide athletes with information on independent experts and reference centre specialists,” the statement read. “The IAAF has never forced any athlete affected by its regulations to undergo surgery, nor paid for any of their treatment. It has in some cases paid for the medical investigation and diagnosis of the athlete by an independent medical centre so the athlete is fully aware of her condition.” This information was taken from the IAAF website: www.worldathletics.org Read the IAAF statements here: https://www.worldathletics.org/news/press-release/questions-answers-iaaf-female-eligibility-reg https://www.worldathletics.org/news/press-release/iaaf-response-to-false-claims-made-by-athlete
HUMAN RIGHTS DEFENDER | VOLUME 29: ISSUE 2 – AUGUST 2020
