By Mel Taylor

Transgender athletes will no longer be allowed to participate in world swimming events, however the caveat has been observed to be highly dangerous to children.

The FINA gender inclusion policy states:

4. Eligibility for the Women’s Category

a. All female athletes are eligible to compete in FINA competitions and set FINA World Records in the women’s category, regardless of their legal gender, gender identity, or gender expression, under the following conditions:

i. Athletes who have previously used testosterone as part of femaleto-male gender-affirming hormone treatment (with or without a TUE) but are no longer following that treatment are eligible to compete in the women’s category in FINA competitions and to set FINA World Records in the women’s category in FINA competitions and in other events recognised by FINA if they can establish to FINA’s comfortable satisfaction that (a) the testosterone use was for less than a year in total (i.e., from the date of first use to the date of last use) and did not take place during pubertal growth and development, and (b) their testosterone levels in serum (or plasma) are back to pre-treatment normal and any associated anabolic effects have been eliminated.

ii. Female athletes who have used testosterone in violation of the World Anti-Doping Code or FINA DCR (or any other applicable antidoping rules) may return to competition after they have served their period of ineligibility.

b. Male-to-female transgender athletes (transgender women) and athletes with 46 XY DSD whose legal gender and/or gender identity is female are eligible to compete in the women’s category in FINA competitions and to set FINA World Records in the women’s category in FINA competitions and in other events recognised by FINA if they can establish to FINA’s comfortable satisfaction that they have not experienced any part of male puberty beyond Tanner Stage 2 or before age 12, whichever is later. Specifically, the athlete must produce evidence establishing that:

i. They have complete androgen insensitivity and therefore could not experience male puberty; or

ii. They are androgen sensitive but had male puberty suppressed beginning at Tanner Stage 2 or before age 12, whichever is later, and they have since continuously maintained their testosterone levels in serum (or plasma) below 2.5 nmol/L. Page 8 of 24

iii. An unintentional deviation from the below 2.5 nmol/L requirement may result in retrospective disqualification of results and/or a prospective period of ineligibility. iv. An intentional deviation from the below 2.5 nmol/L requirement may result in retrospective disqualification of results and a prospective period of ineligibility equal or commensurate in length to periods imposed under the FINA DRC for intentional anti-doping rule violations involving anabolic steroids.

The Press Release by FINA Communication Department reads as follows:

The vote, which was 71.5 percent in favour of the new policy, took place after Congress heard speeches from representatives of a working group that was set up in November 2021. This working group consisted of three specialist groups – an athlete group, a science and medicine group, and a legal and human rights group.

BUDAPEST (Hungary; 19 June 2022) – FINA Member Federations voted today in support of a new FINA policy on gender inclusion presented at the FINA Extraordinary General Congress 2022.

After analysing the conclusions of these groups, FINA developed a new policy that will apply at all FINA events. The policy will also be followed for world record ratification, wherever the competition took place.

The full FINA gender inclusion policy can be found here.

Included in the policy are proposals for an open competition category. FINA will establish a new working group that will spend the next six months looking at the most effective ways to set up this new category.

Commenting on the policy, FINA President Husain Al-Musallam said; “We have to protect the rights of our athletes to compete, but we also have to protect competitive fairness at our events, especially the women’s category at FINA competitions.”

The FINA President added: “FINA will always welcome every athlete. The creation of an open category will mean that everybody has the opportunity to compete at an elite level. This has not been done before, so FINA will need to lead the way. I want all athletes to feel included in being able to develop ideas during this process.”

The new FINA gender inclusion policy comes into effect on 20 June 2022