Defiant Semenya Replies IAAF, Says CAS Ruling Won’t Stop Me

South African double Olympic and triple world champion, Caster Semenya has declared that she is unruffled losing her landmark case against the International Association of Athletics Federations (IAAF).

The Court of Arbitration for Sports (CAS) ruling published on Wednesday meant that Semenya would have to take medication to reduce her testosterone if she wants to continue running on the world stage.

The CAS has been deliberating on what it has labelled one of the most “pivotal” cases in its history and has announced the verdict on Wednesday.

Semenya was challenging the IAAF which had been hoping to bring in new rules on female participation.

The IAAF claimed the South African and other female runners with high testosterone levels, who compete between 400m and the mile, must either take medication or compete against men.

According to the world governing body, this was to create a level playing field but the 28-year-old Semenya and others argued the testosterone in her body was naturally occurring and so to ban her would be unfair.

In October, the IAAF delayed the implementation of the new rules until the proceedings had concluded.

Semenya is by far the most high-profile athlete who the rules will impact.

The case has provided heated debate, with Athletics South Africa (ASA) and the United Nations Human Rights Council both publicly criticising the IAAF.

The former had accused the IAAF of breaking rules related to the case last month.

In her reaction, the South African athlete said she was undeterred, saying that “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.”

Semenya’s lawyers said the decision will be reviewed and that consideration will be given to filing an appeal.

“Women with differences in sexual development have genetic variations that are conceptually no different than other genetic variations that are celebrated in sport,” a statement reads.

“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.”

In a 165-page award, the CAS panel expressed serious concerns as to the future practical application of the DSD regulations, leaving open the possibility of future changes.

“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,” it said in the statement.

“In this regard, reference has been made to three main issues, including 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,” the statement adds.

Another issue highlighted is 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 1,500m and the mile events.

The CAS panel has suggested the IAAF consider deferring the application of the DSD regulations to these events until more evidence is available.

CAS also claims 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 IAAF has released a statement welcoming today’s verdict and addressing the CAS panel’s concerns.

“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,” it reads.

“The regulations will come into effect on May 8, 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.”

Early last year, the IAAF cancelled its “hyperandrogenism regulations”, which had been primarily challenged by Indian sprinter Dutee Chand, and replaced them with the DSD regulations.