Published date28 September 2018
Date28 September 2018
AuthorHelen Jefferson Lenskyj University of Toronto, Canada
Eighteen years ago, in the nal chapter of my rst book on
the Olympic industry (Lenskyj, 2000, p. 195), I wrote, []
people who enjoy sport and value democracy would be ill-
advised to support any aspect of the Olympics [] their ener-
gies and talents would be better directed towards other
regional, national and international sporting competitions
that are currently conducted in more ethical and less exploit-
ative ways.Events of the last 18 years have done nothing to
change my position on these issues, nor have my current nd-
ings on gender, sports law and CAS.
As in other sectors of society, women and members of eth-
nic minorities are generally more vulnerable than their white
male counterparts to the vagaries of sports law, most notably
its lack of transparency, unpredictability, constraints on
access to domestic courts, the strict liability principle, and
forced arbitration. Furthermore, the racism, sexism and
homophobia underlying the mistreatment and abuse of
gender-variant women at the hands of sport administrators
and health professionals is a human rights issue that must be
addressed. For their part, the mass media have largely collab-
orated with the Olympic industry to promote sport excep-
tionalism, while condemning drug cheatsand female
athletes who are not woman enough.

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