BREAKING: Semenya Loses IAAF Appeal

After months of consideration, the Court of Arbitration for Sport announced that athletes with high testosterone be required to lower their levels six months prior to competing.


RW Editors |

After months of consideration, the Court of Arbitration for Sport announced that athletes with high testosterone be required to adhere to the following: “The Eligibility Conditions require a Relevant Athlete to reduce her testosterone levels to below 5 nmol/L for a continuous period of at least six months prior to competition in the female classification in a Restricted Event at an International Competition.”

The double Olympic 800m champion fought over the potential regulation rule that would restrict testosterone levels in female runners. This rule will be enforced from the 400m to 1500m races. These cover the distances that Semenya is dominant in.

At the SA champs last week, Semenya won 5,000m gold – this was a new distance for her, and could potentially become her focus now that this rule is in play.

The rule requires athletes to keep their testosterone levels below a prescribed amount “for at least six months prior to competing”.

The rules were intended to be implemented on 1 November 2018, but Semenya’s legal challenging of the rule and Athletics South Africa caused that to be delayed.

RELATED: Hyperandrogenism in Sport: The Caster Semenya Debate

“The CAS Panel suggested that the IAAF consider deferring the application of the DSD Regulations to these events (1 500m and the mile) until more evidence is available,” the court said.

Caster Semenya’s reaction on Twitter:

See the full press release below:

CAS upholds IAAF’s Female Eligibility Regulations

The IAAF is grateful to the Court of Arbitration for Sport for its detailed and prompt response to the challenge made to its Eligibility Regulations for the Female Classification for athletes with differences of sex development, and 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 Regulations will come into effect on 8 May 2019 at which time all Relevant Athletes (as defined in clause 2.2(a) of the Regulations) wishing to compete in the female classification in a Restricted Event (as defined in clause 2.2(b) of the Regulations) at an International Competition need to meet the Eligibility Conditions set out in clause 2.3 of the Regulations.

The IAAF notes the three concerns expressed by the CAS Panel as to the fairness of the implementation of the Regulations. The CAS Panel in the Chand case (CAS 2014/A/3759) found that the previous iteration of the regulations were administered with ‘care and compassion’ by the IAAF, and this will not change. As the Regulations expressly state, the IAAF will keep all practical matters of implementation under periodic review. Indeed, the IAAF has already addressed the CAS Panel’s first concern by mitigating the consequences of unintentional non-compliance by an athlete in a new clause 3.15.

Summary of process for Relevant Athletes who are seeking eligibility for the IAAF World Championships in Doha 2019:

An athlete who is a Relevant Athlete and wishes to compete in the female classification in a Restricted Event in an International Competition should immediately consult the Eligibility Regulations for the Female Classification for athletes with differences of sex development [insert link] and consult her medical team.

  • Relevant Athletes have one week (7 days) from today (1 May 2019) to reduce testosterone levels to within the regulation levels so are encouraged to initiate their suppressive treatment as soon as possible. Relevant Athletes registered to compete in the IAAF Diamond League Doha on 3 May 2019 are eligible to compete at that competition (including in Restricted Events) without decreasing their testosterone level below 5 nmol/L.
  • The Eligibility Conditions require a Relevant Athlete to reduce her testosterone levels to below 5 nmol/L for a continuous period of at least six months prior to competition in the female classification in a Restricted Event at an International Competition. As a special transitional provision to ensure the delay caused by the legal challenge to the Regulations does not prejudice Relevant Athletes, the IAAF will accept that Relevant Athletes who comply with the 5 nmol/L limit starting on or before 8 May 2019 will be eligible for the IAAF World Championships Doha 2019, assuming they meet the other required Eligibility Conditions.
  • By 8 May 2019, Relevant Athletes seeking eligibility for the IAAF World Championships Doha 2019 must undergo a blood sampling to measure their serum testosterone level (using a mass spectrometry-based method as described in the Regulations). The testosterone concentration obtained from this blood sample must be below 5 nmol/L and remain under this value as long as the athlete is seeking eligibility to compete in the female classification in a Restricted Event at International Competition. Should the athlete show a testosterone concentration (obtained from samples collected pursuant to the athlete’s regular testing or from without notice IAAF tests) of 5 nmol/L or above before the IAAF World Championships Doha 2019, she may be declared ineligible to compete in the female classification in Restricted Events at those World Championships.

For any other possible Relevant Athlete (whose case has not previously been dealt with by the IAAF Health and Science Department) Please read the IAAF Eligibility Regulations for the Female Classification for athletes with differences of sex development and, if appropriate, get in contact with the IAAF Medical Manager (see below).

For the avoidance of doubt, 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.

 

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The United Nations Human Rights Council has called the now-enforced regulations “unnecessary, harmful and humiliating” and South Africa’s sports minister called them a “human rights violation”.
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There is outrage on social media including fellow sports athletes including former tennis pro Martina Martina Navratilova:

“The verdict against Semenya is dreadfully unfair to her and wrong in principle. She has done nothing wrong and it is awful that she will now have to take drugs to be able to compete. General rules should not be made from exceptional cases and the question of transgender athletes remains unresolved.”

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