The discourse inside and outside of sport in Australia and abroad on the participation of transgender women in female sport focuses on the principles of fairness, equity and the safety of competitors. These concerns commonly materialise (with little evidence) labelling transgender women as ‘cheats’, dominating female sport, strategically being coached in collision sports to intentionally hurt opponents or fraudulently transitioning with the sole aim of competing in elite women’s sport. Our research examines the process by which the Australian Football League (...) (AFL) grappled with these competing narratives in developing a policy to permit the participation of transgender and gender diverse athletes in community and ‘elite’ competitions. It will be argued that the initial AFL process lacked consideration of the human rights of transgender women and did not provide the necessary resources required to ensure a safe and inclusive process for transgender women to engage with the AFLW competition. This article will also identify lessons which other sport governing organisations should heed in developing and implementing policies for the inclusion of transgender women in sport. (shrink)

In order for the so-called strengthened impairment argument to succeed, it must posit some reason R that causing fetal alcohol syndrome is immoral, one that also holds in cases of abortion. In formulating SIA, Blackshaw and Hendricks borrow from Don Marquis to claim that the reason R that causing FAS is immoral lies in the fact that it deprives an organism of a future like ours. I argue here that SIA fails to show that it is immoral to cause FAS (...) and abort fetuses that will not be born because it deprives them of an FLO. This is because fetuses that will not be born have no chance of having an FLO in the first place, so causing FAS for and aborting them cannot deprive them of one. I then consider three responses to my argument. I conclude that each fails. SIA does not accomplish its task of showing why it is immoral to impair fetuses that will not be born. Perhaps it can accomplish the task of showing why it is immoral to impair fetuses that will be born, but not without sacrificing at least some of its alleged significance. (shrink)

Drawing on the views of donors and recipients about anonymity in a country that is experiencing a transition towards non-anonymous gamete donation mandated by the Constitutional Court, we explore how the intersection between rights-based approaches and an empirical framework enhances recommendations for ethical policy and healthcare. Between July 2017 and April 2018, 69 donors and 147 recipients, recruited at the Portuguese Public Bank of Gametes, participated in this cross-sectional study. Position towards anonymity was assessed through an open-ended question in a (...) self-report questionnaire, which was subject to content analysis. Preference for an anonymous donation regime was mentioned by 82.6% of donors and 89.8% of recipients; and all those with children. Instead of the rights-based reasoning used by the Constitutional Court, donors highlighted concerns over future relationships and recipients focused on socioethical values linked with the safeguard of safety, privacy and confidentiality. The remaining participants advocated the choice between anonymity or non-anonymity, invoking respect for their autonomy. The complex, diverse ethical views and reasoning of donors and recipients expand a traditionally dichotomous discussion. Their perspectives challenge the transition towards non-anonymity and international guidelines, raising awareness to the need for their involvement in the design of policies to enable choice according to their values and preferences, and of psychosocial counselling responsive to their socioethical concerns and sensitive to their parental status. Empirical frameworks complement rights-based approaches to uphold justice, fairness and equal respect, and to incorporate utility, beneficence and non-maleficence in policymaking and healthcare in the transition towards non-anonymity. (shrink)