Streaming issues? Report here
Africa Melane 2019 1500 BW
Weekend Breakfast with Africa
06:00 - 10:00
volume_up
volume_mute

Up Next: CapeTalk Classics with Sara-Jayne King
See full line-up
Weekend Breakfast with Africa
06:00 - 10:00
Home
arrow_forward
Sport
arrow_forward
Local
arrow_forward
World

Caster Semenya loses court challenge against IAAF testosterone rules

1 May 2019 12:07 PM
by
Tags:
Caster Semenya
IAAF
Court of Arbitration for Sport
Caster Semenya has been fighting regulations imposed by the International Association of Athletics Federations that compel "hyperandrogenic" athletes - or those with "differences of sexual development" (DSD) - to lower their testosterone levels if they wish to compete as women.

LAUSANNE - The Court of Arbitration for Sport on Wednesday rejected Caster Semenya's challenge against IAAF rules forcing her to lower her testosterone levels to compete with women, even as judges labelled the regulations "discriminatory."

The three judge panel found that the rules targeting athletes with differences in sexual development (DSD) were "discriminatory" but that "such discrimination is a necessary, reasonable and proportionate means of achieving the IAAF’s aim of preserving the integrity of female athletics".

The IAAF says the rules are essential to preserve a level playing field and ensure that all female athletes can see "a path to success."

But Semenya's cause has earned widespread support, including by a global coalition of nations and scientific experts who argue that testosterone is an arbitrary and unfair measure for determining gender.

The CAS in Lausanne, Switzerland heard a week of arguments in the case in February.

Semenya, who has dominated the 800m race over the last decade, has remained largely silent through the court battle, excluding statements from her legal team condemning the IAAF's tactics and policies.

But scores of others have vocally rallied behind her.

In a rare intrusion into the world of sport, the United Nations Human Rights Council adopted a resolution last month branding the IAAF rules "unnecessary, humiliating and harmful."

With unanimous support from the council's 47 member-states representing every continent, the resolution marked a stunning rebuke for the IAAF.

Tennis legend Martina Navratilova is among a long-list of athletes who have backed Semenya.

But her most fervent support has come from South Africa, where the government has accused the IAAF of seeking to violate women's bodies and levelled racism charges against the athletics governing body.

Experts have meanwhile argued that barring certain women from competition due to naturally high testosterone levels would be like excluding basketball players because they are too tall.

Multiple scientists have noted that achieving excellence in sport is a combination of training, commitment as well as genetics and that excluding people from competition over a single genetic factor has no scientific basis.

The IAAF rules capping testosterone levels in women athletes at five nanomoles per litre (nmol/L) of blood were instituted in November 2018 but have been suspended pending Wednesday's verdict.

The IAAF, led by British track champion Sebastian Coe, has maintained that its case is simply about fairness.

DSD athletes with male levels of testosterone "get the same increases in bone and muscle size and strength and increases in haemoglobin that a male gets when they go through puberty," the federation has said.

Ensuring that all women athletes have female levels of testosterone is therefore necessary "to preserve fair competition in the female category," it added.

READ the CAS media release on the ruling below:

CAS ARBITRATION: CASTER SEMENYA, ATHLETICS SOUTH AFRICA (ASA) AND INTERNATIONAL ASSOCIATION OF ATHLETICS FEDERATIONS (IAAF): DECISION

Lausanne, 1 May 2019 – The Court of Arbitration for Sport (CAS) has ruled on the requests for arbitration filed by the South African athlete Caster Semenya and Athletics South Africa (ASA) (“the Claimants”) against the International Association of Athletics Federations (IAAF) (collectively, the parties). The arbitration procedures concerned the “IAAF Eligibility Regulations for Female Classification (Athletes with Differences of Sex Development)” (DSD Regulations) that were due to come into effect on 1 November 2018 and which are currently suspended, pending the outcome of the CAS procedures. The CAS has dismissed both requests for arbitration.

Caster Semenya and ASA requested that the DSD Regulations be declared invalid and void with immediate effect. They consider them as being discriminatory, unnecessary, unreliable and disproportionate. The IAAF contended that the DSD Regulations do not infringe any athlete’s rights, including the right to equal treatment, but instead are a justified and proportionate means of ensuring consistent treatment, and preserving fair and meaningful competition within the female classification. There is no dispute that there should be a separate classification for female athletes – a binary divide between male and female.

In March/April 2018, the IAAF cancelled its “Hyperandrogenism Regulations”, which had been primarily challenged by the Indian athlete Dutee Chand, and replaced them with the DSD Regulations establishing new requirements governing the eligibility of women with DSD for the female classification in race events from 400m to 1 mile (the “Restricted Events”) at international athletics competitions. The DSD covered by the Regulations are limited to athletes with “46 XY DSD” – i.e. conditions where the affected individual has XY chromosomes. Accordingly, individuals with XX chromosomes are not subject to any restrictions or eligibility conditions under the DSD Regulations.

Athletes with 46 XY DSD have testosterone levels well into the male range (7.7 to 29.4 nmol/L; normal female range being below 2 nmol/L). The DSD Regulations require athletes with 46 XY DSD with a natural testosterone level over 5 nmol/L, and who experience a “material androgenizing effect” from that enhanced testosterone level, to reduce their natural testosterone level to below 5 nmol/L, and to maintain that reduced level for a continuous period of at least six months in order to be eligible to compete in a Restricted Event. Such reduction can be achieved, according to the IAAF evidence, by the use of normal oral contraceptives.

In June 2018, Caster Semenya and ASA filed their respective requests for arbitration at the CAS against the DSD Regulations adopted by the IAAF. The proceedings were conducted by the Hon. Dr. Annabelle Bennett (Australia), President, the Hon. Hugh L. Fraser (Canada) and Dr. Hans Nater (Switzerland) who heard the parties, their witnesses and experts (specialising in gynaecology, andrology and the causes, diagnosis, effects and treatment of DSD; genetics, endocrinology and pharmacology; exercise physiology and sports performance; medical and research ethics; sports regulation and governance; and statistics) in Lausanne, Switzerland, from 18 to 22 February 2019. After the hearing, the parties filed additional submissions and materials and agreed to postpone the issuance of the CAS award until the end of April 2019.

By majority, the CAS Panel has dismissed the requests for arbitration considering that the Claimants were unable to establish that the DSD Regulations were “invalid”. 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.

However, in a 165-page award, the CAS Panel expressed some serious concerns as to the future practical application of these DSD Regulations. While the evidence available so far has not established that those concerns negate the conclusion of prima facie proportionality, this may change in the future unless constant attention is paid to the fairness of how the Regulations are implemented.

In this regard, reference has been made to the following main issues:

1) The difficulties of implementation of the DSD Regulations in the context of a maximum permitted level of testosterone. The Panel noted the strict liability aspect of the DSD Regulations and expressed its concern as to an athlete’s potential inability to remain in compliance with the DSD Regulations in periods of full compliance with treatment protocols, and, more specifically, the resulting consequences of unintentional non-compliance.

2) The difficulty to rely on concrete evidence of actual (in contrast to theoretical) significant athletic advantage by a sufficient number of 46 XY DSD athletes in the 1500m and 1 mile events. The CAS Panel suggested that the IAAF consider deferring the application of the DSD Regulations to these events until more evidence is available.

3) The side effects of hormonal treatment, experienced by individual athletes could, with further evidence, demonstrate the practical impossibility of compliance which could, in turn, lead to a different conclusion as to the proportionality of the DSD Regulations.

The CAS Panel was restrained in its task, due to the strict framework of the arbitration, to solely determine whether the DSD Regulations were invalid or not. It nevertheless considered it appropriate to highlight its concerns with aspects of the DSD Regulations which arose from the submissions and evidence adduced by the parties during the CAS proceedings. The CAS Panel strongly encouraged the IAAF to address these concerns when implementing the DSD Regulations, bearing in mind that the DSD Regulations are a “living document”, as asserted by the IAAF itself.

Indeed, it may be that, on implementation and with experience, certain factors may be shown to affect the overall proportionality of the DSD Regulations, either by indicating that amendments are required in order to ensure that the Regulations are capable of being applied proportionately, or by providing further support for or against the inclusion of particular events within the category of Restricted Events.

The full award with reasons remains confidential for the moment but an executive summary will be published by the CAS shortly. The CAS award may be appealed at the Swiss Federal Tribunal within 30 days.


This article first appeared on EWN : Caster Semenya loses court challenge against IAAF testosterone rules


1 May 2019 12:07 PM
by
Tags:
Caster Semenya
IAAF
Court of Arbitration for Sport

More from Sport

160407Cricket.jpg

'Cricket SA board has a lot to answer for'

12 December 2019 4:58 PM

Daily Maverick's Craig Ray discusses the 'state of capture' in SA cricket, saying there are still massive problems ahead for CSA.

Share this:
Read More arrow_forward

190420two-oceansgif

Is the 'sponsorless' Two Oceans Marathon being run into the ground?

12 December 2019 11:45 AM

A founding member of Two Oceans has raised red flags about sponsorship issues, financial mismanagement and conflicts of interest.

Share this:
Read More arrow_forward

roxy-davisjpeg

'Power of the ocean forces you to be in the moment, everything else washes away'

9 December 2019 1:55 PM

Roxy Davis runs a surf school in Muizenberg and she dedicates much of her time helping adaptive surfers.

Share this:
Read More arrow_forward

pexels-photo-1594934jpeg

Is Cricket SA making suspended CEO Thabang Moroe its scapegoat?

8 December 2019 4:22 PM

Independent Media cricket journalist Zaahier Adams questions why the CSA board remains untouched amid the upheaval in the game.

Share this:
Read More arrow_forward

JacquesFaul.jpg

Cricket SA appoints Jacques Faul as acting CEO

7 December 2019 4:03 PM

CSA made the announcement on Saturday after Friday's suspension of Thabang Moroe, following a week of upheaval.

Share this:
Read More arrow_forward

180926-csa-edjpg

CSA needs a total cleanout, says cricket writer Stuart Hess

6 December 2019 4:54 PM

It's been a rough week for Cricket SA and they have a long way to go before regaining public trust, says writer Stuart Hess.

Share this:
Read More arrow_forward

csa-ceo Thabang Moroe jpg

Cricket SA boss Thabang Moroe suspended, after Standard Bank sponsor pulls out

6 December 2019 1:07 PM

Cricket South Africa confirmed the suspension of CEO Thabang Moroe as the organisation tries to put out fires on several fronts.

Share this:
Read More arrow_forward

refilwe-and-tarryn-tomlinsonjpeg

Differently abled Tarryn Tomlinson is climbing Kilimanjaro for a worthy cause

6 December 2019 11:14 AM

Tarryn developed rheumatoid arthritis at age 18 and is dedicated to helping create accessible spaces for wheelchair access.

Share this:
Read More arrow_forward

siya-kolisi-roc-nationjpg

[WATCH] Siya Kolisi joins Jay-Z's Roc Nation Sports

5 December 2019 2:11 PM

Rugby start Siya Kolisi has signed a deal with Roc Nation Sports International, the agency founded by hip hop mogul Jay-Z.

Share this:
Read More arrow_forward

180926-csa-edjpg

'Not an overstatement to call CSA's Thabang Moroe the Jacob Zuma of cricket'

4 December 2019 6:38 PM

Analyst Judith February says factionalism and naked racism being used as a card against those who want to stop the freeloading.

Share this:
Read More arrow_forward

More from Local

2019-12-04-malebomalope-uctjpg

Meet Malebo Malope, a PhD student who's now SA's first black genetics counsellor

14 December 2019 12:44 PM

She shares how she went from struggling with the area of study to becoming one of the youngest rising stars in the field.

Share this:
Read More arrow_forward

constitutional-court-of-south-africajpg

ConCourt rules common purpose must apply to rape: all accomplices equally liable

14 December 2019 10:51 AM

The Constitutional Court has ruled the doctrine of common purpose should be applied to the crime of rape.

Share this:
Read More arrow_forward

160425Staggie06.jpg

Mood in Manenberg 'precarious' as analyst fears revenge attacks over Staggie hit

14 December 2019 9:39 AM

An analyst suspects that the brazen killing of Rashied Staggie won't go unpunished and the community of Mannenberg remains alert.

Share this:
Read More arrow_forward

160425Staggie04.jpg

Hit on Rashied Staggie done to undermine Hard Livings gang, says criminologist

14 December 2019 9:13 AM

Prominent Cape Town gang figure Rashied Staggie was assassinated in his car on Friday by two gunmen in Salt River.

Share this:
Read More arrow_forward

Gavel of judge in law court legal 123rflegal 123rf

Court orders City of Cape Town to stop harassing homeless people

13 December 2019 2:30 PM

A High Court judge has extended an interdict stopping law enforcement officials from issuing fines and harassing homeless people.

Share this:
Read More arrow_forward

Mkhwebane

Mkhwebane fails to dodge personal costs order linked to Estina 'whitewash'

13 December 2019 1:29 PM

The High Court has dismissed the Public Protector's application for leave to appeal the Estina Dairy Farm report ruling.

Share this:
Read More arrow_forward

191206wcgif

Holiday road trip ahead? City offering free vehicle safety checks until Friday

13 December 2019 1:26 PM

CAR magazine technical consultant Nicol Louw runs through the vital checks you can get the experts to do and those to do yourself.

Share this:
Read More arrow_forward

130923Staggie .jpg

[BREAKING NEWS] Former Hard Livings leader Rashied Staggie murdered

13 December 2019 12:36 PM

The former Hard Livings leader was sitting in a car in front of his house in Salt River when someone sprayed it with bullets.

Share this:
Read More arrow_forward

20180223Yolisa Matakata Hawks3

WC top cop Yolisa Matakata expected to stabilise policing in the province

13 December 2019 12:28 PM

Premier Alan Winde and ANC's Cameron Dugmore are behind Matakata, who's tasked with bringing stability to policing in the province.

Share this:
Read More arrow_forward

giant-cigarette-butt-installationjpeg

Giant cigarette butts on Cape beaches, don't toss your stompies!

13 December 2019 11:52 AM

Clive Amsel explains the Kick Butt Campaign to raise awareness around not throwing cigarette butts on the ground.

Share this:
Read More arrow_forward

More from World

191020borisjpg

UK general election: Bad weather will affect turnout, but who will benefit?

12 December 2019 6:18 PM

UK correspondent Peter Anderson gives his take on what's described as UK's most significant election for a generation.

Share this:
Read More arrow_forward

Boris Johnson UK elections government Conservative Party 123rfpolitics 123rf

UK voters head to polls in general election that could decide future of Brexit

12 December 2019 12:19 PM

Conservative Prime Minister Boris Johnson wants to secure a majority government so that he can "get Brexit done" as promised.

Share this:
Read More arrow_forward

mpho-popps-on-son-of-a-sonjpg

Fatherhood and daughters: Here's why Mpho Popps takes his daughter on dates

12 December 2019 7:39 AM

Mpho Popps shares his views about modelling to his daughter what a good relationship with a man should look like.

Share this:
Read More arrow_forward

191209zozigif

Live audience was behind Zozibini Tunzi's 'very regal quality and authenticity''

10 December 2019 1:08 PM

American journalist Alexis Loinaz was at the Miss Universe pageant and says Zozibini represents a sea-change in pageantry.

Share this:
Read More arrow_forward

kabelo-thathe-on-son-of-a-sonjpg

"There's no monetary value on your presence as a dad"

9 December 2019 12:42 PM

Kabelo Thathe explains how his journey to fatherhood has helped him become the best dad that he can be.

Share this:
Read More arrow_forward

191209zozigif

[WATCH] Congratulations Miss Universe 2019, SA's Zozibini Tunzi

9 December 2019 6:45 AM

South Africa has taken the crown at the Miss Universe pageant.

Share this:
Read More arrow_forward

140323Earth.jpg

2019 concludes decade of 'exceptional global heat and high-impact weather'

5 December 2019 5:18 PM

The World Meteorological Organization says 2019 is set to be second or third warmest year on record.

Share this:
Read More arrow_forward

son-of-a-son-702-thumbnail-bonganijpg

Bongani Bingwa: You make choices that'll have lasting consequences for your kids

5 December 2019 1:13 PM

Fatherhood is one of the most consequential things you can do in your life and, yet nobody expects you to be prepared for it.

Share this:
Read More arrow_forward

donovan-thorne-on-son-of-a-sonjpg

Donovan Thorne on raising a daughter: "It's an awakening"

2 December 2019 12:51 PM

Donovan Thorne talks about the special bond fathers have with their daughters and, how it has made him a better man.

Share this:
Read More arrow_forward

son-of-a-son-702-thumbnail-austinjpg

'My dad was a part-timer' Austin Malema talks about being a present father

28 November 2019 1:59 PM

Austin Malema believes that teaching his son to be more expressive will help him deal with issues instead of reacting out anger.

Share this:
Read More arrow_forward