The Court of Arbitration for Sport has 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 Court of Arbitration for Sport has 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".CAS ARBITRATION: CASTER SEMENYA, ATHLETICS SOUTH AFRICA AND INTERNATIONAL ASSOCIATION OF ATHLETICS FEDERATIONS : DECISION
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 at international athletics competitions. The DSD covered by the Regulations are limited to athletes with “46 XY DSD” – i.e.
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.
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.
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