Is the distinction in sports competitions by gender obsolete?

The distinction of competitions in male and female is a consequence of the founding principle of the sports legal system, according to which competitions take place between athletes with equal performance capabilities. The application of this principle, however, gives rise to discrimination: the condition of transgender athletes is emblematic, especially for transgender athletes M(ale)T(o)F(emale), whose physiological condition would seem to give rise to an undue advantage. The issue is complex and requires consideration from different points of view. First, from a physiological point of view, an essential complexity emerges, due to the extreme variety of the cases falling under the umbrella of the transgender condition. Secondly, there is the question of the real influence of the level of testosterone on the increase in performance capacity. Finally, there is a contrast between the need to ensure the regularity of sports competitions and the right to be recognised in one’s (gender) identity. The IOC recently issued new guidelines on this subject, but they do not seem entirely satisfactory. Therefore, the question remains whether the current differentiation of sports competitions by sex is satisfactory or whether new competitive scenario should be hypothesized.