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The South African South African Athletics Launcher Semenya has finished a seven -year legal challenge against the rule of sexual eligibility in sport, according to Associated Press.
“Casteter’s legal challenge reached the highest possible field with a very successful result and will not go further in the circumstances,” wrote athlete’s lawyer Patrick Bragher in an email to The Associated Press.
Semenya was born with a difference in the development of sex (DSD) and was legally identified as a woman at birth, but has a medical condition that leads to some male features, including the highest levels of testosterone. Semenya has said that the athlete was born without uterus and with internal testicles.
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Casteter Semenya of the South Africa team competes in the mixed relay race during the World Cross Country 2023 championship on Mount Panorama on February 18, 2023 in Bathurst, Australia. (Cameron Spencer/Getty Images for World Athletics)
Semenya had been involved in a legal battle against the rules applied by the governing body of world athletics to three courts; The highest court for Swiss Sports, the Swiss Federal Court and the European Court of Human Rights.
World Athletics said that Semenya and a small number of other DSD athletes on the international track have testosterone levels in the male range, which gives them an unfair advantage over other women due to the connection of the hormone with muscle mass and cardiovascular performance. Semenya was the medium distance dominant corridor of the world and was undefeated in more than 30 races when the athlete was prohibited from female athletics.
How much advantage obtains the DSD athletes from testosterone in one of the many details of the semeasa case.
Semenya argued that the rules violated the rights of the athlete, then Semenya lost appeals in the court of arbitration for sport and in the Swiss federal court.
However, the European Court of Human Rights ruled in July that Semenya had not had a fair hearing in the Swiss court, and had not properly considered some of the complex arguments. That opened a way for the athlete to continue the challenge.
World Athletics changed its policy in March 2023, excluding the transgender athletes of a woman to women who have passed through male puberty of female competitions, prioritizing “equity and integrity.”
A presentation in a Athletics of the world The panel in Tokyo last month revealed that 50 to 60 athletes with male biological advantages have been finalists in the women’s category in the global and continental championship since 2000.
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CASTER SENMYA of the South Africa team competes in the 5000m female qualifications on the sixth day of the Oregon22 World Athletics Championship in Hayward Field on July 20, 2022, in Eugene, Oregon. (Photo by Hannah Peters/Getty Images for World Athletics)
The panel was directed by the head of the Department of Health and Sciences of World Athletics, Dr. Stéphane Bermon, who said sex tests They were necessary due to an “overrepresentation” of DSD athletes (differences in sexual development) between finalists, according to multiple reports.
The controversy on the subject in world athletics arose when Semeja won the Olympic gold in the 800 meters in the 2012 and 2016 Games. Then, in the Tokyo Olympic Games in 2021, Christine Mboma de Namibia claimed silver in the 200 meters.
Last October, the United Nations Said almost 900 biological females did not reach the podium because they were beaten by trans athletes.
The findings were compiled by reparation, the UN Rapporteur on violence against women and graduates “Violence against women and girls in sports.”
The report said that more than 600 athletes did not measure more than 400 competitions in 29 sports, with a total of more than 890 medals, according to the information obtained as of March 30.
The new president of the International Olympic Committee (IOC), Kirsty Coventry, addressed the issue of transgender athletes competing in women’s sports in their first press conference since he took over June and said there is an “overwhelming support” for IOC members to protect the female category.
“We understand that there will be differences depending on sport … but members of the members have to protect the female category, first of all to guarantee equity,” Coventry said.
“But we need to do that with a scientific approach and the inclusion of international federations that have already worked a lot in this area.”
South Africa’s gold medalist is on the podium during the medal ceremony for the 800 meters female on the 15th of the 2016 Rio Olympic Games at the Olympic Stadium on August 20, 2016 in Rio de Janeiro, Brazil. (Patrick Smith/Getty Images)
The new president added that there is “unanimous” support to reach an agreement on how to amend the policy and suggested that the IOC can be inspired by the world athletics politics, which restricts the biological men to compete in women’s sports if these men have passed through male puberty.
“It was very clear about the membership that the discussion about this must be done with medical and scientific research in the background, so we are looking at the facts and nuances and the inclusion of international federations that have done much of this work … having a seat at the table and sharing with us because each sport is different,” he said.
However, Coventry also said that any change would probably not result to retroactively change the results of past competitions that presented athletes with gender eligibility questions.
