A sporting chance: the (dis)advantage of disability, and the need for a fair and meaningful contest

Abstract This article considers the impact of adjusting sports rules to ensure a fair and meaningful contest for children with disability, when they do not fit into traditional sporting categories defined by their ability. All signatories to the United Nations Convention on the Rights of Persons with Disabilities are required to implement the human right to non-discrimination, including reasonable adjustments or accommodations, in their domestic laws, to prevent discrimination against people with disabilities. Various cases have considered whether, and to what extent, a reasonable adjustment is necessary in sport including the issue of an adjustment to the contest, pursuant to discrimination law, which results in a competitive advantage for children with disability. This article argues that competitive advantage should not be a factor in considering whether an adjustment is reasonable, and that focus should be on removing disadvantage in the contest for children with disability to provide for meaningful inclusion.