Antoine Duval
@antoineduval.bsky.social
460 followers 600 following 57 posts
Senior Researcher @tmcasser.bsky.social | Head of the Asser International Sports Law Centre and Doing Business Right project | PhD from @EUI-eu.bsky.social | Playgrounds #Sportslaw #EULaw #PrivateGovernance #BizHumanRights #TransnationalLaw
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antoineduval.bsky.social
Our (with @ncgeehan.bsky.social) piece on #UEFA/#FIFA's failure to sanction the #Israel Football Association is out @josimarfootball.bsky.social.

We argue that they are unethical in the name of neutrality, applying unjustifiable double standards to Russia & Israel, & failing to enforce their rules.
Reposted by Antoine Duval
michelekrech.bsky.social
The Grand Chamber's decision not only says that World Athletics' female eligibility rules must be subjected to rigorous human rights review, but also suggests that their shaky evidentiary foundations and seriously harmful consequences make the rules unlikely to withstand future legal challenges.
Reposted by Antoine Duval
ncgeehan.bsky.social
3/ The Russian Football Union took UEFA and FIFA to the Court of Arbitration for Sport. See @antoineduval.bsky.social's excellent analysis of that here - essentially CAS sided with UEFA and FIFA's claims that they needed to protect their competitions www.boomportaal.nl/tijdschrift/...
www.boomportaal.nl
Reposted by Antoine Duval
antoineduval.bsky.social
Indeed, these regulations constitute a drastic restriction on her right to compete/exercise her economic activity on the EU's internal market (see #MecaMedina, #ISU) and there are serious doubts about their necessity/proportionality.
antoineduval.bsky.social
Finally, #ImaneKhelif could also consider challenging the regulations on the basis of EU #CompetitionLaw and request an injunction from a Dutch court to suspend the regulation and allow her to compete in the Box Cup in Eindhoven.

#ISU #MecaMedina
antoineduval.bsky.social
Indeed, forced genetic testing, as imposed by World Boxing, is as (or even more) controversial than other forms of regulations targeting the eligibility of intersex athletes.

See the blog by ‪@michelekrech.bsky.social‬, ‪@karkazis.bsky.social‬ & Sone Erikainen at verfassungsblog.de/genetic-sex-...
Sex Testing on Trial
verfassungsblog.de
antoineduval.bsky.social
This case will be a test case to see how the #CAS and potentially the Swiss Federal Supreme Court implement the #Semenya judgement of the Grand Chamber of the #ECtHR.
antoineduval.bsky.social
Algerian Olympic Champion #ImaneKhelif filed an appeal at #CAS early August against a #WorldBoxing decision declaring her ineligible to compete for upcoming World Boxing event after she refused to undergo genetic sex testing.

#Sportslaw #DSD #Intersex #Semenya #ECHR #HumanRights
Reposted by Antoine Duval
letemps.ch
Le Temps @letemps.ch · Jul 16
Affaire Caster Semenya: le sport international n’échappe pas aux droits humains
➡️ https://l.letemps.ch/7Ks
Reposted by Antoine Duval
tmcasser.bsky.social
💬 Join us for a panel discussion to examine how war impacts corporate accountability for human rights and what 'responsible conduct' entails during and after conflict.

▶️ Sign up today: lnkd.in/emADdqfF

@dcherneha.bsky.social @antoineduval.bsky.social

#CorporateAccountability #HumanRights
antoineduval.bsky.social
Be prepared for a landmark case, there is a high likelihood that it will be going up to the #CJEU!
antoineduval.bsky.social
Interestingly, in doing so, the Court referred extensively to the #IOC Framework on Fairness, Inclusion and Non-Discrimination on the Basis of Gender Identity and Sex Variations.
antoineduval.bsky.social
In particular, it concluded that the #UCI rules were not an appropriate mean to attain a legitimate objective because there was no scientific evidence showing a significant sporting advantage of transgender athletes.
antoineduval.bsky.social
Thursday was all about #Semenya, but in a very interesting judgement a Belgium court found that the #UCI rules barring access to female competitions to transgender athletes are contrary to EU anti-discrimination rules!
Reposted by Antoine Duval
verfassungsblog.de
"The Finish Line of Caster Semenya’s Judicial Marathon"

ANTOINE DUVAL (@antoineduval.bsky.social‬) on yesterday's Semenya ruling by the Grand Chamber of the ECtHR and why it's a wake-up call for the Swiss Federal Supreme Court & the Court of Arbitration for Sport.
verfassungsblog.de/caster-semen...
Quote: “The case will affect the field of transnational sports law and governance for years to come.”
antoineduval.bsky.social
No link, but I can share it with you via email.
antoineduval.bsky.social
In particular, it concluded that the #UCI rules were not an appropriate mean to attain a legitimate objective because there was no scientific evidence showing a significant sporting advantage of transgender athletes.