Gender, athletes' rights, and the Court of Arbitration for Sport / Helen Jefferson Lenskyj

Jefferson Lenskyj, Helen

Edited by Emerald Publishing Limited. Bingley - 2018

Presenting an interdisciplinary approach to examining gender-related sports dispute resolution by the Court of Arbitration (CAS) and identifying complexities around gender, gender binaries, and the ways in which intersecting identities such as sexuality and ethnicity further complicate resolutions, the author demonstrates how athletes’ rights are threatened by a forced arbitration process. This critical analysis of CAS history and functions demonstrates how athletes' rights are threatened by the forced arbitration process at CAS. In particular, CAS decisions involving female and gender-variant athletes, and racialized sportsmen and women, reflect numerous injustices. As well as the chronic problem of CAS's lack of independence, other issues examined here include confidential proceedings, lex sportiva, the non-precedential system, the closed list of specialist arbitrators, and, in doping cases, the burden of proof question.

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