Pregnancy Discrimination and
Sport: National Pregnancy in Sport Guidelines for the Australian Sporting
Paper presented to the Australian
Sports Commission by Commissioner Pru Goward, Federal Sex Discrimination
Commissioner. Monday, 13 May 2002.
- The issue of pregnant
women in sport raises a number of issues; legal, medical as well as
human rights. Some are based in fact, others are medico-myth, more reflective
of fear and ignorance.
- Such as the notion
that women will automatically and immediately be affected and impaired
by pregnancy - as though pregnancy were an illness or disability.
- Or that the sight
of a pregnant body will somehow offend or affect those around her -
as though pregnancy was catching, or scary, or evoke in others a need
to protect the pregnant woman at cost to themselves.
- With this in
mind and, as Minister Rod Kemp has rightly pointed out, discriminating
against pregnant women who play sport has implications for the strength
and integrity of discrimination law in a wider sense.
- These guidelines
are a welcome demonstration that the government is doing something positive
and proactive to help the sports industry understand all the issues
surrounding pregnant women in sport. It will serve as a valuable resource
to enable sporting organisations and sport participants to make informed
decisions about pregnancy in sport.
- We at the Human
Rights and Equal Opportunity Commission have had the pleasure of being
closely involved in the work of the Sports Commission in creating these
guidelines. I attended the National Forum on Pregnancy and Sport held
in August last year, as my very first engagement as Sex Discrimination
Commissioner, and was given the opportunity to comment on the guidelines
in draft form. I congratulate and commend the Sports Commission for
ensuring issues of discrimination were central in its considerations.
- For us at HREOC,
these guidelines will be particularly useful in managing complaints.
- Apart from public
awareness, policy and legislative development, the HREOC is responsible
for taking public complaints from people who feel that they need advice
or assistance with a problem caused by discrimination or by a breach
of human rights. One of the grounds of unlawful discrimination, of course
is pregnancy and potential pregnancy. As Sex Discrimination Commissioner,
I am not directly responsible for handling complaints made under the
Act. That is the role of the President. However, I am always concerned
to monitor the number and nature of complaints of sex discrimination
- The HREOC will
asses the complaint to ensure it falls under one of the discrimination
laws it administers, investigate the facts and contact the respondent.
Where possible the Commission will attempt to conciliate the complaint
or resolve it as early as possible.
- Pregnancy discrimination
amounts to 17% of complaints made under the Sex Discrimination Act annually.
- These guidelines
will be useful in assisting parties to conciliate complaints, and to
help parties come to a mutually satisfying outcome.
- Overall, the Pregnancy
in Sport Guidelines provide a sensible direction on how to deal with
what has proved to be a surprisingly sensitive issue.
- Pregnancy is not
an illness, but rather a part of life, the person best equipped to make
the decision about the health of her child is the mother and her medical
- Sporting organisations
and administrators owe a duty of care to people, including pregnant
women, who participate in sport.
- However, these
guidelines indicate that a sensible approach is to assume that, with
appropriate advice and information from the organisation, a pregnant
woman, along with her medical practitioner, will make the right decision
concerning her participation in sport. These guidelines give sound advice
to all those involved.
- The message that
I took away from them is that we can all relax and enjoy our sport:
it is good for us and its fun, whether we are pregnant or not.
updated 14 June 2002