As long as sports bodies can force dangerous procedures on people, the fight is not over
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On Tuesday afternoon the highest court in Switzerland, the Federal Supreme Court — the highest legal authority over World Athletics (formerly the IAAF) — delivered the judgment we’ve spent a year worrying about and waiting for. This latest ruling prevents Caster Semenya from defending her 800m gold medal title at the Tokyo Olympics in 2021, unless she lowers her testosterone levels.
Five European judges in Lausanne failed to set aside the discriminatory regulations that have created a dangerous precedent in sport for international athletes with “differences of sex development” (DSD), such as Semenya. The regulations, which require women athletes to chemically or surgically lower their testosterone levels, has created a moral and ethical dilemma that harms the human dignity of certain members of society. So much so that the World Medical Association (WMA) has called on physicians around the world to take no part in implementing the World Athletics regulations.
I was hopeful that those who have the power to determine whether women such as Semenya can compete freely in the international athletics arena would rescind the Court of Arbitration in Sport (CAS) ruling. Semenya’s appeal was an opportunity for the highest court in Switzerland to align its decisions with the growing international consensus that supports the protection of the human rights and dignity of such athletes, who face humiliation and discrimination for not being “female” enough.
Naturally, Semenya is disappointed, although she says while the door to her career may be closed it is not locked. She is grateful to have realised her double 800m Olympic and World Championship goals. She sees the decision as a loss more for World Athletics than for her. The international 800m field has now become weaker without her presence in defending her title.
As Semenya’s legal team we are considering all options for a legal fightback both internationally and domestically. The SA department of sport & recreation has put out a rallying call to support her and to review this week’s decision. As long as a sporting federation holds the power to force female athletes to undergo medically dangerous and invasive procedures, our work is not yet done.
We are encouraged by the growing tide of support on the issue of discrimination in sport. The ruling is out of step with reputable international organisations that have influence. In April 2019 the WMA stated that the World Athletics rules “constitute a flagrant discrimination based ...
Five European judges in Lausanne failed to set aside the discriminatory regulations that have created a dangerous precedent in sport for international athletes with “differences of sex development” (DSD), such as Semenya. The regulations, which require women athletes to chemically or surgically lower their testosterone levels, has created a moral and ethical dilemma that harms the human dignity of certain members of society. So much so that the World Medical Association (WMA) has called on physicians around the world to take no part in implementing the World Athletics regulations.
I was hopeful that those who have the power to determine whether women such as Semenya can compete freely in the international athletics arena would rescind the Court of Arbitration in Sport (CAS) ruling. Semenya’s appeal was an opportunity for the highest court in Switzerland to align its decisions with the growing international consensus that supports the protection of the human rights and dignity of such athletes, who face humiliation and discrimination for not being “female” enough.
Naturally, Semenya is disappointed, although she says while the door to her career may be closed it is not locked. She is grateful to have realised her double 800m Olympic and World Championship goals. She sees the decision as a loss more for World Athletics than for her. The international 800m field has now become weaker without her presence in defending her title.
As Semenya’s legal team we are considering all options for a legal fightback both internationally and domestically. The SA department of sport & recreation has put out a rallying call to support her and to review this week’s decision. As long as a sporting federation holds the power to force female athletes to undergo medically dangerous and invasive procedures, our work is not yet done.
We are encouraged by the growing tide of support on the issue of discrimination in sport. The ruling is out of step with reputable international organisations that have influence. In April 2019 the WMA stated that the World Athletics rules “constitute a flagrant discrimination based ...