Landmark Ruling: Belgian Court Overturns UCI Transgender Ban, Paving Way for Inclusion
Brussels, Belgium – July 22, 2024 – In a seismic victory for transgender athletes, a Belgian court has ruled that the International Cycling Union’s (UCI) ban on transgender women competing in female categories is discriminatory and unlawful. The Civil Court of Brussels declared the UCI’s regulations, which mandated transgender athletes to have transitioned before puberty or the age of 12, “null and void,” effectively opening the door for transgender cyclists to compete on Belgian roads once more.
The groundbreaking decision stems from a legal challenge brought by a transgender cyclist who was denied a license to participate in women’s competitions in 2023. The UCI’s new regulations, introduced in July 2023, stipulated that transgender women must prove they began their transition before puberty or, at the very least, before the age of 12, in addition to maintaining low testosterone levels.
The complainant, born male in 1974, underwent gender transition in her early forties.The court found that the UCI’s exclusionary policy, based on her transition timeline, constituted prohibited discrimination under Belgian law, specifically citing a 2008 decree on gender equality.
The court’s interim order, issued on July 10th, deemed the cyclist’s action admissible and well-founded. It explicitly stated that the UCI’s eligibility rules for transgender athletes established “prohibited discrimination” under Belgian legislation. Consequently, the UCI can no longer refuse the complainant a license for participation in female cycling competitions.
This ruling is “directly enforceable” and establishes a significant legal precedent in Belgium. The Institute for the Equality of Women and Men, which was a civil party in the case, has welcomed the decision as a crucial step forward for inclusivity.
while the Belgian Cycling Federation, named in the complaint for refusing license renewal, was not condemned as it was deemed to be merely applying UCI rules, the association has initiated consultations with the international body regarding the future request of these regulations.This landmark judgment is expected to reverberate across the international sporting landscape, challenging existing policies and advocating for a more equitable approach to transgender participation in sports.
