Norwegen: Genetischer Sextest von Läufern ist illegal und könnte Menschenrechtsverletzungen haben

    https://www.nrk.no/sport/nedslaende-beskjed-rett-for-vm-i-friidrett_-kjonnstest-kan-vaere-brudd-pa-menneskerettighetene-1.17554507

    Von MarlinMr

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    1. DrTheol_Blumentopf on

      Next head line: Female Runner with large beard wins all Norwegian national races.

      Stunning and Beautiful ✨

    2. #Shock message before World Championship: Sex test could be human rights violation

      „We have 14 girls who have qualified, and they will participate,“ confirms national team doctor Ove Talsnes.

      Before that, the women must go through a gender test. Earlier this week, the Norwegian Broadcasting Corporation (NRK) revealed that Norwegian athletes have ended up in a difficult bind; the gender test is illegal in Norway. It is also illegal for Norwegian organizations and healthcare personnel to facilitate such a test.

      „A huge challenge,“ says the national team doctor.

      Before the summer, Norwegian track and field athletes were informed that they must undergo gender testing. It was then that the federation discovered that the test is in violation of the Biotechnology Act. Talsnes risks breaking the law if he helps Norwegian athletes get genetically tested.

      #Disappointing news
      Lawyer Olaf Halvorsen Rønning, who has experience with the European Court of Human Rights (ECtHR), has some disappointing news:

      ‚The right to genetic information is perhaps one of the most personal things we have. It is protected as one of the most fundamental human rights,‘ Rønning tells NRK.“

      NRK has been in contact with several athletes who are going to the World Championships, but they do not wish to comment on the matter. National team doctor Ove Talsnes has been in contact with several of the women who are traveling to the World Championships and will be gender tested.

      ‚Initially, it is uncomfortable,‘ Talsnes said on the Wednesday evening program Dagsnytt 18.

      He also said there that he has not heard of anyone who has objections to the test, and that it is something the athletes want in order to have a fair competition.

      That is not enough for lawyer Rønning, who has a clear message:

      ‚In a case like this, where the Storting (Norwegian parliament) has said it is not legal, a breach of human rights could occur.‘

      ‚So, one is violating human rights?‘

      ‚Yes, Norwegian authorities could risk violating human rights if they do not protect the athletes‘ privacy when faced with illegal demands for testing from the sports federation.

      The lawyer justifies it this way:

      ‚Interventions and regulations regarding what is protected by this right must fulfill certain specific requirements. Both a basis in law and be proportional.‘

      The international athletics federation (WA) is surprised when they receive the message from NRK.

      ‚We are very surprised and a bit concerned about the question of human rights. In October, the UN Special Rapporteur on violence against women believed that such tests should be conducted in sports,‘ says WA’s head of press, Maggie Durand, to NRK.

      That does not change the matter, according to lawyer Rønning.

      ‚If such requirements are to be introduced, and how they should be formulated, can in principle only be done through law, and not solely through the rules of the sport.‘

      #More sports are following suit.

      The World Athletics Championships begin on Saturday, September 13. The International Boxing Association (WB) has also introduced gender testing before its World Championships, which started on September 4.

      ‚You can certainly look at the law in isolation, but we have to elevate this beyond reading legal paragraphs. As the regulations are in Norway now, it is not permissible for Norwegian girls to practice their profession,‘ says Ove Talsnes.

      ‚Sports cannot place themselves above the rules that the Storting (Norwegian parliament) has actually made. Until they have stepped in and provided new regulations, we believe that sports and the sports federation must respect the rights that athletes have and not facilitate tests like these,‘ says lawyer Rønning.

    3. It’s interesting that in the 90s, Norway literally tried to ban this exact kinds of tests by law, but legal work found that it was _already_ covered by the extensive biotechnology law.

      Genetic information is considered some of the highest regarded private information in Norway, and any test like this, which is not for medical reasons, is simply considered a human rights violation.

      Parliament made it pretty clear that it’s simply a no go. And setting requirements outside the law like that, simply can’t work in a parliamentary democracy.

    4. There was [a discussion yesterday](https://old.reddit.com/r/europe/comments/1n8xief/frances_female_boxers_are_banned_from_world/) about the same issue for the French boxing team. It baffles me that some people are totally OK with disclosing their DNA to labs (even paying for it !) without any insurance against present or future misuses, and without even considering that their DNA is not only theirs, but also that of their relatives.

      It is quite incredible that the GDPR was able to pass in a society where so many people have zero clue about personal information.

    5. -_-0_0-_-0_0-_-0_0 on

      It does make sense on one level. But I do wonder how you stop even obvious cases of abuse if you are not allowed to test? This issue is and has always been a mostly hypothetical rather than a practical one but I am curious what would happen.

    6. And in moments like these, people start to wonder what kind of world they live in.

    7. wascallywabbit666 on

      There are genetic tests that can look at simple things without sequencing all DNA.

      For example, there’s a very common procedure that tests a pregnant woman’s blood to see if the foetus has trisomy (Downs syndrome). They can also test whether there are any Y chromosomes in the blood, which will determine whether the foetus is male (Y chromosome present) or female (Y chromosome absent).

      A similar thing could be carried out here

    8. Screw that. All participants in a sport have the right to know that their opponents are on the same playing field as them.

    9. Incorrigible_Gaymer on

      So basically a „damned if you do, damned if you don’t“ type of a problem.

    10. dr_popara02 on

      But why? Just as you are tested about drugs or doping you could be tested about your gender.

    11. So maybe make it simple and just cancel the women’s sport categories and let everybody compete each other.

    12. Look… isn’t there a way of determining if a woman was born a woman without genetic DNA testing and such?

    13. So i guess we do away with separate categories in sports? Let’s do intersex everywhere, i’m sure everyone will be satisfied – as the old saying goes: let the best win.

      p.s. waiting for no weight categories too – weighting boxers is surely a violation too.

    14. I think we can all agree that the reason there are sports sections for men and sorts sections for women, is because men perform better than women.

      So i don’t think anybody who is intellectually honest will deny men have an unfair advantage of they compete with women.

      The real question is, how can we do less invasive tests.

    15. That’s why no one respects the word „human rights“ anymore, because you apply to everything and cheapen it. Men can’t compete in women’s sports and need to be tested, end of story.

    16. Why just ban any types of competition? Public competition can be a human rights violation, no one wants to be a loser!

    17. Participation is voluntary, no one is forced, so how can it be a human rights violation?
      If I voluntarily walk into a mine field, it’s not a violation of my rights, but if I am forced to do so, then it is.

    18. mayo_too_spicy on

      the amount of people on reddit denying basic human biology in favor of ideology is insane

    19. Untested-Truth on

      I can make the argument that a breathalyzer test is a human rights violation because it forces me self incriminate.

      But checking for DUI drivers is in the greater good as it creates a safe traffic environment for everyone.

    20. Norge, Norge, är ett ruttet land.

      No I suppose it’s not. But men aren’t women.

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