The Court of Arbitration for Sport (CAS) announced that its panel had rejected the South African’s challenge against the IAAF’ “by majority” but did add that it had “serious concerns as to the future practical application” of the new rules.
Athletics’ governing body’s new regulations will now require any athlete with DSD who wishes to compete in international track and field events from 400 meters to the mile to reduce their testosterone levels, should they want to continue competing as women.
A CAS statement said the panel was unable to establish that the DSD regulations were “invalid.” Though it did find the policy was discriminatory to athletes with DSD, CAS said “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.”
Under IAAF’s rules, which come into effect 8 May 8, athletes categorized as DSD would have to reduce their blood testosterone level for a continuous period of at least six months, maintaining those levels continuously for the rest of their athletic career.
“Sometimes it’s better to react with no reaction,” tweeted Semenya after the verdict was announced.
Semenya has 30 days to appeal the CAS ruling to the Swiss Federal Tribunal.
‘Integrity of female athletics’
The South African Ministry of Sport has told CNN that it plans to appeal the CAS ruling to prevent the implementation of new rules.
“We are naturally very disappointed with the decision. This is not only against human rights but also a blow to all South Africans. We are committed to lobby other athletics bodies to stand behind us. This wasn’t only Caster Semenya’s case but also Athletics South Africa and we plan to study the report in detail. We plan to appeal this decision,” a spokesperson said.
In a statement, the IAAF said it was “grateful” and “pleased that the regulations were found to be a necessary, reasonable and proportionate means of achieving the IAAF’s legitimate aim of preserving the integrity of female athletics.”
“The regulations will come into effect on 8 May 2019 at which time all relevant athletes wishing to compete in the female classification in a Restricted event at International Competition need to meet the Eligibility Conditions.”
The rules were due to come into effect in November last year before being delayed by Semenya’s CAS challenge.
Semenya, who is the most dominant middle-distant runner of her generation, is hyperandrogenous, meaning she has elevated testosterone levels, a condition that has dogged her athletic career ever since she won the world 800 meters title as an 18-year-old in 2009.
Hyperandrogenism is a medical condition estimated to occur in 5% to 10% of women.
Semenya identifies as female, but an excess of testosterone has been found to increase muscle mass within females and cause increased strength, stamina and physical energy and some critics argue that skews what should be a level playing field in women’s athletics.
While the current number of hyperandrogenic and transgender athletes competing at international level is thought to be relatively low, Wednesday’s ruling is likely to have a seismic impact on the future of sport.
A career in the limelight
Semenya burst onto the scene at the 2009 world championships in Berlin where she won a first major gold, but she was unable to compete for much of 2009 and 2010 after undergoing gender verification tests, the results of which were never officially released.
The South African was eventually cleared to compete again, but a new rule which enforced testosterone limits was introduced in 2011. Yet that directive was subsequently overturned by CAS in 2015.
Semenya went on to win Olympic gold in Rio de Janeiro in 2016 — adding to a gold medal belatedly picked up in London four years earlier after her silver was upgraded because of a doping violation by the winner, Mariya Savinova of Russia.
British athlete Lynsey Sharp was reduced to tears after watching Semenya storm away to victory in Rio. Sharp stated at the time that it was “difficult” for others like her to compete.
On Friday, Semenya won gold in the 5,000 meters at the South African Athletics Championships. This represents a new event for Semenya and one that would not be covered by the new IAAF rules.
Source : Nbcnewyork
