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According to Associated Press, Olympian Caster Sememeya South African ended a legal challenge of seven years against the rule of sex eligibility in sport.
“Caster’s legal challenge has reached the highest possible court with a very successful result and will not be deepened in the circumstances,” wrote the lawyer for athlete Patrick Bracher in an e-mail to the Associated Press.
Semenya was born with a difference in sex development (DSD) and was legally identified as a woman at birth but has a medical condition which leads to certain male traits, including increased levels of testosterone. Semenya said the athlete was born without uterus and with internal testicles.
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Caster Semenya of Team South Africa participated in the mixed relay race at the cross-country 2023 world championships in Mount Panorama on February 18, 2023 in Bathurst, Australia. (Cameron Spencer / Getty Images for world athletics)
Semenya had been engaged in a legal battle against the rules applied by the athletics of the opportunity organization of athletics with three shorts; The highest sports court based in Switzerland, the Swiss Federal Court and the European Court of Human Rights.
World Athletics said Semenya and a small number of other DSD athletes on the international path have testosterone levels in the male range, which gives them an unfair advantage over other women due to the hormone link with muscle mass and cardiovascular performance. Semenya was the dominant runner of the world of the world and was undefeated in more than 30 races when the athlete was excluded from female athletics.
The gain of DSD athletes advantageous with testosterone was disputed in one of the many details of the Semenya case.
Semenya argued that the rules focused on the rights of the athlete, then Semenya lost calls to the court of arbitration for sport and at the Swiss Federal Court.
However, the European Court of Human Rights judged in July that Semenya had not had a fair hearing at the Swiss court, and he had not correctly considered some of the complex arguments. This opened an avenue to the athlete to continue the challenge.
World athletics changed its policy in March 2023, excluding transgender male athletes with female who crossed the male puberty of female competitions, the prioritization of “equity and integrity”.
A presentation to a World athletics The panel in Tokyo last month revealed that 50 to 60 athletes with male biological advantages have been finalists in the women’s category at the world and continental championships since 2000.
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Caster Semenya of Team South Africa participates in the 5000m female heats on the sixth day of the Oregon22 world athletics championships in Hayward Field on July 20, 2022, in Eugene, Oregon. (Photo by Hannah Peters / Getty Images for world athletics)
The panel was led by the head of the World Department of Health and Athletics Sciences, Dr. Stéphane Bermon, who said sexual tests were necessary due to a “over -representation” of the DSD athletes (differences in sexual development) among the finalists, according to multiple relationships.
The controversy on the issue of world athletics occurred when Semenya won Olympic gold at the 800 meters at the 2012 and 2016 Games. Then, at the Tokyo Olympic Games in 2021, Christine Mboma of Namibia claimed money in 200 meters.
Last October, the The United Nations said nearly 900 organic women failed the podium because they were beaten by trans athletes.
The results were compiled by Reem Alsalem, the UN rapporteur on violence against women and entitled “Violence against women and girls in sport.“”
The report indicates that more than 600 athletes have not been medalists in more than 400 competitions in 29 sports, totaling more than 890 medals, according to information obtained on March 30.
The new president of the International Olympic Committee (CIO), Kirsty Coventry, addressed the subject of transgender athletes who have participated in female sports during her first press conference since taking over in June and said that there was “overwhelming support” by CIO members To protect the female category.
“We understand that there will be differences according to sport … But it was very clear of the members that we must protect the female category, above all to ensure equity,” said Coventry.
“But we must do it with a scientific approach and the inclusion of international federations which have already done a lot of work in this area.”
The Caster Semenya gold medalist in South Africa is on the podium during the medal ceremony for the 800 meter female on August 15, 2016 of the Rio 2016 Olympic Games at the Olympic stadium on August 20, 2016, in Rio de Janeiro, in Brazil. (Patrick Smith / Getty Images)
The new president added that there is “unanimous” support to achieve an agreement on how to modify politics and suggested that the IOC could be inspired by global athletics policy, which prevents biological men from participating in female sports if these men have crossed male puberty.
“It was very clear of the membership that the discussion around this must be done with medical and scientific research at the heart, we therefore examine the facts and the nuances and the inclusion of international federations which have done so much of this work … Having a siege at the table and sharing with us because each sport is different,” she said.
However, Coventry also said that not all changes have not led to retroactively modifying the results of past competitions that presented athletes with gender eligibility issues.
