Athletics: CAS dismisses Semenya's appeal over IAAF testosterone
rules
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[May 01, 2019]
By Nick Said
CAPE TOWN (Reuters) - The Court of
Arbitration for Sport (CAS) on Wednesday dismissed an appeal by
Olympic 800-metres champion Caster Semenya against the introduction
of regulations to restrict testosterone levels in female athletes.
The court ruled the regulations were needed for athletes with
differences in sexual development (DSDs) to ensure fair competition.
The rules cover events ranging from 400-metres to a mile.
The case is likely to have wide-reaching consequences, not just for
the future of athletics, but all women's sport, and has split
opinion around the globe.
But while dismissing the appeal, the CAS also voiced concerns about
the application of the new International Association of Athletics
Federations (IAAF) regulations.
The rules mean Semenya and other athletes with DSD hoping to compete
at the World Championships in Doha in September would have to start
taking medication to lower their testosterone levels within one
week.
Semenya has said she does not wish to undergo medical intervention
to change who she is and how she was born, and wants to compete
naturally.
But her dominance of the middle distances has been labeled unfair by
some of her competitors.
"Sometimes it is better to react with no reaction," Semenya tweeted
after the verdict.
The IAAF welcomed the verdict.
"The IAAF ... is 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 in the restricted events," the global governing body said
in a statement.
"No athlete will be forced to undergo any assessment and/or
treatment under these regulations. It is each athlete's
responsibility, in close consultation with her medical team, to
decide whether or not to proceed with any assessment and/or
treatment," it said.
DISCRIMINATORY
However, in the 165-page ruling, the CAS Panel expressed some
concerns as to the future practical application of these
regulations.
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Caster Semenya of South Africa celebrates victory. REUTERS/Athit
Perawongmetha/File Photo
"The Panel found that the DSD regulations are discriminatory, but
the majority of the Panel found 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 the restricted
events," the statement said.
Under the rules, female athletes who have high natural levels of
testosterone will have to reduce their levels through medication to
under 5 nmol/L, which is double the normal female range of 2 nmol/L.
Testosterone is a hormone that increases muscle mass, strength and
hemoglobin - which affects endurance.
The IAAF believes the regulations are necessary to "preserve fair
competition in the female category", and has received support from
some current and former athletes.
But the governing body has also come in for criticism from human
rights organizations over its wish to medically alter naturally
produced levels of testosterone, with the United Nations Human
Rights Council adopting a resolution in support of Semenya in March.
The South African will be the most high-profile athlete to be
affected by the rules, but others include 2016 Olympic silver
medalist in the 800-metres, Francine Niyonsaba of Burundi.
Semenya took potential steps to reinvent her career last week when
she won the 5,000-metres at the South African Athletics
Championships in a modest time of 16:05.97, an event that would
allow her to compete outside of the IAAF regulations.
Following the CAS case, other sporting bodies may now choose to set
their own parameters for participation by DSD and transgender
athletes in their individual codes.
(Reporting By Nick Said; Editing by Christian Radnedge and Janet
Lawrence)
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