IAAF hails Swiss decision to reverse suspension of rules for intersex athletes
Athletics’ world governing body the IAAF has welcomed the Swiss Federal Tribunal’s move to revoke its 31 May decision to suspend the sport’s controversial new rules for intersex athletes.
Introduced earlier this year, the eligibility regulations mean women born with certain, rare genetic conditions, which can result in them having partially developed male sex organs, must reduce their naturally-occurring levels of the primary male sex hormone testosterone to a level closer to the normal female range.
South Africa’s double Olympic and triple world 800 metres champion Caster Semenya is by far the most famous athlete with such a condition, which is often referred to as “differences of sexual development”, and many campaigners, experts and fans believe she is being unfairly targeted, as the rules currently only apply to track events between 400m and one mile.
Having unsuccessfully challenged the IAAF’S attempt to bring in its testosterone limit at the Court of Arbitration for Sport, Semenya’s legal team initially managed to persuade the Swiss court to issue a “super-provisional order” to halt its introduction – a move that appeared to leave the 28-year-old free to defend her 800m title in September’s World Athletics Championships in Qatar.
But, late on Tuesday, it emerged that the IAAF has persuaded the court to reverse that decision.
In a statement issued by her legal team, Semenya said: “I am very disappointed to be kept from defending my hard-earned title, but this will not deter me from continuing my fight for the human rights of all of the female athletes concerned.”
This stance is no surprise given her earlier statements that she will not take medication to reduce her testosterone, which the IAAF believes could be done with birth control pills, or step up to the 5,000m, a distance she has run several times but not in the dominant fashion she displays over two laps.
This does not, however, mean she is throwing the towel in, as this week’s decision only applies to the interim ruling of the rules’ introduction, not on their legality.
As her lawyer Dorothee Schramm said: “We will continue to pursue Caster’s appeal and fight for her fundamental human rights. A race is always decided at the finish line.”
Having issued a short statement on Tuesday to say it would only comment once “the tribunal makes its reasoning public”, the IAAF has now voiced its relief that the rules can be implemented before the Worlds, which start in Doha on 28
“This decision creates much needed parity and clarity for all athletes as they prepare for the World Championships”
IAAF
September. “This decision creates much needed parity and clarity for all athletes as they prepare for the World Championships,” the Monaco-based federation said.
“In the remainder of the proceedings before the Swiss Federal Tribunal, the IAAF will maintain its position that there are some contexts, sport being one of them, where biology has to trump gender identity, which is why the IAAF believes [and CAS agreed] that the DSD Regulations are a necessary, reasonable and proportionate means of protecting fair and meaningful competition in elite female athletics.”