경쟁 스포츠에서 XY염색체 여성 운동선수 규제에 대한 재고: 과학, 윤리, 법학적 관점에서의 고찰

Purpose: The purpose of this study was to critically examine the scientific, ethical, and legal validity of current policies regulating the participation of XY chromosome female athletes in competitive sports and to propose an alternative paradigm. Methods: An integrative literature review was conducted, analyzing 30 key academic articles across sport science, ethics, law, and sociology, as well as official regulations of international sporting bodies and human rights documents. Results: The findings revealed three critical limitations in existing regulations. First, reliance on a singular testosterone threshold as an eligibility criterion lacks scientific legitimacy, as it fails to account for biological diversity and complexity. Second, compulsory medical interventions, such as hormone suppression therapy, undermine athletes’ autonomy and bodily integrity while intensifying psychological stigma and social exclusion, rendering them ethically indefensible. Third, the policies of the International Olympic Committee and World Athletics potentially conflict with international human rights frameworks—including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the Convention on the Elimination of All Forms of Discrimination Against Women—and fail to satisfy the principle of proportionality in legal philosophy. Discussion: Drawing upon this analysis, the study proposes three solutions: (a) replacing the single testosterone threshold with sport-specific, multi-factor performance indicators, (b) prohibiting compulsory medical interventions and safeguarding athletes’ rights, and (c) reforming governance structures in accordance with human rights and proportionality principles. This study is significant in that it provides policy directions capable of balancing fairness, inclusivity, and respect for human rights within competitive sport.