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Title: Striking a balance between inclusion and exclusion in competitive sport
Author: Patel, S.
Awarding Body: Nottingham Trent University
Current Institution: Nottingham Trent University
Date of Award: 2012
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This thesis aims to investigate the regulatory balance between inclusion and exclusion in competitive sport. Society is obsessed with categorising and treating individuals and groups according to their physical and non-physical differences, such as sex, gender, disability and race. This treatment can lead to the inclusion or exclusion of an individual from the tangible and intangible benefits of society. Where this practice becomes discriminatory, there exists a legal framework in place to protect basic human rights and ensure that people are treated with due respect for their similarities and differences. In a sporting context, the inclusion and exclusion of athletes based upon their differences is often a necessary part of the essence of competitive sporting activity. The protection of the essence involves the establishment of rules and categories that can have an unequal exclusionary impact on certain classes of individual such as some women, transgender, intersex individuals and those with a physical or intellectual disability. The essence of sport also embodies a dominant sporting culture that dictates who is suitable to sport and this can have an exclusionary effect upon particular racial populations. This literature based research, critically analyses a range of legal and non-legal cases concerning sex, gender, disability and race to identify when sporting exclusion is justifiable for the protection of the essence, and when it is unjustifiable and incompatible with equality legislation. A comparative analysis is adopted to examine the consistency and appropriateness of the sport and legal approach to this regulation. It will be shown that whilst a majority of the cases employ a justified inclusive or exclusive approach that is evidence based and in the pursuit of legitimate objectives, there do remain a proportion of cases which are unjustified. This thesis proposes a ladder of regulation, including a sports audit and the establishment of an international anti-discrimination unit, to stimulate improvements in rule making and encourage good governance in this field.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available