Caster Semenya on CAS ruling: 'I will once again rise above'
CAPE TOWN - South African Olympic champion Caster Semenya has spoken after the verdict of her case against the IAAF’s regulations and says the decision will not hold her back.
Semenya has lost her landmark legal case against athletics’ governing body, the IAAF, after the Court of Arbitration for Sport ruled 2-1 in the IAAF’s favour.
The verdict means she will have to take medication to suppress her testosterone if she wants to keep running on the international stage.
In a statement issued by her legal team after the ruling, Semenya stated “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.”
AFP reports that 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 verdict was 2-1 in the IAAF’s favour, but the panel expressed their concerns on a variety of issues.
Semenya also agrees with the concerns expressed by the CAS panel about the implication of the regulations of IAAF.
Semenya’s legal team said she was pleased that a unanimous CAS panel of three arbitrators confirmed that the IAAF’s DSD regulations were in fact discriminatory against certain women.
However, she was disappointed that two of the three arbitrators concluded that such targeted discrimination is necessary and ruled in favour of the IAAF.
She believes that the solitary dissenting CAS arbitrator will be shown to be correct and the DSD regulations will be eventually overturned. She struck back at the IAAF and said they had targeted her for a decade and promised she wouldn’t be held back by this decision. The CAS award may be appealed at the Swiss Federal Tribunal within 30 days.
The full verdict, which is in a 165-page document with reasons, remains confidential for the moment.
Read Caster Semenya's statement on the ruling below:
Caster Semenya is pleased that a unanimous CAS Panel of three arbitrators confirmed that the IAAF’s DSD Regulations are in fact discriminatory against certain women. Ms Semenya is, however, disappointed that two of the three arbitrators concluded that such targeted discrimination is necessary. Ms Semenya is reviewing the decision with her legal team and considering whether to file an appeal.
Ms Semenya shares the view of the dissenting CAS arbitrator that the DSD Regulations are unnecessary. Women with differences in sexual development have genetic variations that are conceptually no different than other genetic variations that are celebrated in sport. The IAAF’s basis for discriminating against these women is their natural genetic variations. Ms Semenya believes that women like her should be respected and treated as any other athlete. As is typically the case across sport, her unique genetic gift should be celebrated, not regulated.
Ms Semenya also agrees with the concerns expressed by the unanimous CAS panel about: (i) difficulties implementing and complying with the DSD Regulations; (ii) the absence of concrete evidence supporting the inclusion of certain events under the DSD Regulations; and (iii) the negative and harmful side effects of medical treatment experienced by athletes subject to the DSD Regulations who wish to continue in women’s competition.
Ms Semenya believes that the dissenting CAS arbitrator will be shown to be correct and the DSD Regulations will be overturned. In the interim, Ms Semenya believes that it is irresponsible for the IAAF to proceed with the implementation of the DSD Regulations in circumstances where the CAS decision makes it abundantly clear that there are serious problems with the Regulations that need to be carefully considered and the DSD Regulations will unquestionably cause harm to the women affected by them.
Ms Semenya encourages the IAAF to commission a team of fully independent experts to produce an unbiased assessment of the need for and methods of regulation before implementing what she believes are harmful rules that will negatively impact the well-being of athletes around the world. Critically, Ms Semenya is not alone in this view, and has been supported by the United Nations Human Rights Council and three United Nations Special Rapporteurs (who filed an amicus brief supporting her appeal), as well as independent medical, scientific, legal and other experts from around the world.
Ms Semenya will continue her efforts to ensure fair competition for women and to protect other women like her from unfair discrimination. She stated: “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.”
Caster Semenya expresses her deep gratitude to the international team of advisors that assisted her in her CAS case, and to the South African government, to the South African public, to the generous donors who have supported her, and to others around the world who have shown their support in these challenging times.
This article first appeared on EWN : Caster Semenya on CAS ruling: 'I will once again rise above'
Daily Maverick's Craig Ray discusses the 'state of capture' in SA cricket, saying there are still massive problems ahead for CSA.Read More
A founding member of Two Oceans has raised red flags about sponsorship issues, financial mismanagement and conflicts of interest.Read More
Roxy Davis runs a surf school in Muizenberg and she dedicates much of her time helping adaptive surfers.Read More
Independent Media cricket journalist Zaahier Adams questions why the CSA board remains untouched amid the upheaval in the game.Read More
CSA made the announcement on Saturday after Friday's suspension of Thabang Moroe, following a week of upheaval.Read More
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.Read More
Cricket South Africa confirmed the suspension of CEO Thabang Moroe as the organisation tries to put out fires on several fronts.Read More
Tarryn developed rheumatoid arthritis at age 18 and is dedicated to helping create accessible spaces for wheelchair access.Read More
Rugby start Siya Kolisi has signed a deal with Roc Nation Sports International, the agency founded by hip hop mogul Jay-Z.Read More
Analyst Judith February says factionalism and naked racism being used as a card against those who want to stop the freeloading.Read More
She shares how she went from struggling with the area of study to becoming one of the youngest rising stars in the field.Read More
The Constitutional Court has ruled the doctrine of common purpose should be applied to the crime of rape.Read More
An analyst suspects that the brazen killing of Rashied Staggie won't go unpunished and the community of Mannenberg remains alert.Read More
Prominent Cape Town gang figure Rashied Staggie was assassinated in his car on Friday by two gunmen in Salt River.Read More
A High Court judge has extended an interdict stopping law enforcement officials from issuing fines and harassing homeless people.Read More
The High Court has dismissed the Public Protector's application for leave to appeal the Estina Dairy Farm report ruling.Read More
CAR magazine technical consultant Nicol Louw runs through the vital checks you can get the experts to do and those to do yourself.Read More
The former Hard Livings leader was sitting in a car in front of his house in Salt River when someone sprayed it with bullets.Read More
Premier Alan Winde and ANC's Cameron Dugmore are behind Matakata, who's tasked with bringing stability to policing in the province.Read More
Clive Amsel explains the Kick Butt Campaign to raise awareness around not throwing cigarette butts on the ground.Read More
UK correspondent Peter Anderson gives his take on what's described as UK's most significant election for a generation.Read More
Conservative Prime Minister Boris Johnson wants to secure a majority government so that he can "get Brexit done" as promised.Read More
Mpho Popps shares his views about modelling to his daughter what a good relationship with a man should look like.Read More
American journalist Alexis Loinaz was at the Miss Universe pageant and says Zozibini represents a sea-change in pageantry.Read More
Kabelo Thathe explains how his journey to fatherhood has helped him become the best dad that he can be.Read More
South Africa has taken the crown at the Miss Universe pageant.Read More
The World Meteorological Organization says 2019 is set to be second or third warmest year on record.Read More
Fatherhood is one of the most consequential things you can do in your life and, yet nobody expects you to be prepared for it.Read More
Donovan Thorne talks about the special bond fathers have with their daughters and, how it has made him a better man.Read More
Austin Malema believes that teaching his son to be more expressive will help him deal with issues instead of reacting out anger.Read More