Semenya must take pills to race women in 800m after court defeat
CASTER SEMENYA is considering a desperate last appeal after learning yesterday that her career as a top-level athlete could be over unless she takes medication to lower her testosterone levels.
That is the upshot of the 2-1 majority ruling in favour of athletics’ world governing body the IAAF after more than two months of deliberation at the Court of Arbitration for Sport — a split decision that will feel like a knockout for the South African in this landmark case.
The double Olympic pic champion, and any y athlete classed as having differences in sexual development (DSD), now has until May 8 to reduce her testosterone to five nmol/L or she will not be eligible to defend her r 800metres title at the he World Championshipsps in Doha later this year.
The ruling, which flew in the face of opposition from the UN Human Rights Council, who branded the plans ‘unnecessary, harmful and humiliating’, will affect DSD athletes competing in distances from 400m to a mile. DSD athletes, who are often born with testes, will now need to prove their testosterone levels are compliant for six months ahead of a major championships in order to compete.
In rejecting Semenya’s case against the incoming regulations, the CAS went so far as to say ‘discrimination is necessary’ for what has been billed as the greater good of protecting female sport. That is how the IAAF approached the contentious case, pitting them against Semenya, whose times for the 800m could drop by as much as seven seconds if she has hormone treatment. Figures in the sport told
Sportsmail last night they believe it is now more likely she will pursue distances outside the regulations rather than take the oral medication to lower her levels, which opens the possibility of a campaign at 5,000m. The 28-year-old won the 5,000m at her national championships shipchampionships last week, but her timtime of 16:05.97, albeit a sseason opener at high aaltitude, would only hhave ranked 354th in the world last year — which stacks even more importance on ththe outcome of an apappeal, which must be lodglodged with the Swiss Federal eralFederal TribunalTr within 30 days. Semenya, who has spoken of her desire to ‘ run naturally, the way I was born’, was bullish in defeat. Having faced scrutiny over her sex since breaking through in 2009, she said: ‘I know that the IAAF’s regulations have always targeted me specifically.
‘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.’
Athletics South Africa also condemned the ruling, saying: ‘South Africa knows discrimination better and CAS has seen it fit to open the wounds of apartheid — a system of discrimination condemned by the whole world as a crime against humanity.’
The Semenya situation boils down to the ethical oddity of an athlete needing to take drugs in order to continue her career at the highest level.
The contentiousness of the topic was illustrated by the CAS summary of their ruling ahead of the release of a 165-page report, based on the findings of their three-person panel following the five-day hearing in February.
In a statement, the CAS said: ‘The panel found that the DSD Regulations are discriminatory but that, on the basis of the evidence submitted by the parties, such discrimination is a necessary, reasonable and proportionate means of achieving the IAAF’s aim of preserving the integrity of female athletics in Restricted Events.’
The CAS said they had ‘serious concerns as to the practical application’ of the regulations. They included worries that athletes might unintentionally break the testosterone levels, the practicalities of adhering to the regulations, potential side effects of the medication, and questions over evidence that DSD athletes in the 1500m and mile have a ‘significant advantage’.
On that latter point, the panel suggested ‘deferring the application of DSD regulations’, but the IAAF last night told they will continue to keep those distances in their regulations. It is relevant to Semenya, who is the world bronze medallist at 1500m.
On that point the statement read: ‘ We have enough evidence from the field across all the disciplines... so they will remain included in the regulations.’