SEMENYA LOSES TESTOSTERONE BATTLE
lausanne — south african runner caster semenya on wednesday lost her court challenge against iaaf rules forcing some female athletes to regulate their testosterone levels, but judges voiced concern with the “discriminatory” regulations.
the decision by the court of arbitration for sport means that women with elevated testosterone will have to take suppressive treatment if they wish to compete as females in certain events.
the verdict triggered emotional reactions following a charged legal battle over increasingly complex questions of gender, which are likely to have far-reaching consequences for the future of women’s sport.
in a 2-1 decision, cas judges dismissed semenya’s appeal against measures imposed by the international association of athletics federations (IAAF) targeting “hyperandrogenic” athletes — or those with “differences of sexual development” (dsd). the judges said that although the rules are “discriminatory... such discrimination is a necessary, reasonable and proportionate means of achieving the iaaf’s aim of preserving the integrity of female athletics in the restricted events.”
in a statement issued by her lawyers, the 28-year-old double olympic champion semenya said that “for a decade the iaaf has tried to slow me down.”
“but this has actually made me stronger. the decision of the cas will not hold me back. i will once again rise above and continue to inspire young women and athletes in south africa and around the world.” south africa, which has accused the iaaf of seeking to violate women’s bodies, said it was “disappointed” with the judgement.
the iaaf said it was “grateful” for the verdict and that the dsd rules — first adopted last year but suspended pending the legal battle — will come into affect on may 8.
the athletics governing body has maintained that the rules are necessary to ensure all female athletes can see “a path to success”.
it has stressed that dsd athletes with male levels of testosterone benefit from increased bone and muscle strength similar to men who have gone through puberty.
while the court said there was insufficient evidence to overturn the regulations, it “expressed some serious concerns as to the future practical application of these dsd regulations.” the rules must remain a “living document,” which are revised based on new information, the court added.
judges specifically raised the issue of “unintentional non-compliance,” given the difficulty of maintaining artificial testosterone levels, and possible side-effects of mandated hormone treatment.
and the court suggested the rules should not be applied to longer events like the 1500 metres because there was insufficient evidence to indicate that hyperandrogenic athletes had an advantage.
the testosterone rules will however apply to the 800 metre race, an event semenya has dominated over the last decade.
in order to defend her title at the world championships in september, semenya will have to take medication, likely including birth control pills. —
I understand how hard a decision this was for CAS and respect them for ruling that women’s sport needs rules to protect it
Paula Radcliffe, former British long distance runner
I welcome the decision taken by CAS today which ensures governing bodies can continue to protect the female category. It’s about the principle of fair play
Svein Arne Hansen, President of European Athletic Association
Naturally we are disappointed with the judgement. We will study the judgement, consider it and determine a way forward.
Tokozile Xasa,
South African Sports Minister
Today’s CAS ruling is deeply disappointing, discriminatory and contradictory to their 2015 ruling
Deborah Antoine,
CEO of Women’s Sports Foundation
Common sense wins. Hugely emotive subject - but thank God for saving the future of FAIR women’s sport
Tim Hutchings, former runner