Caster Semenya on new IAAF rule: ‘discriminatory, irrational, unjustifiable’

Caster Semenya
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Caster Semenya, the Olympic 800m champion, will challenge a rule limiting women’s testosterone levels in middle-distance races set to go into effect after this season, according to a press release provided by her legal team.

Semenya, who underwent gender testing in 2009 and is expected to be affected by the new rule, said it is “discriminatory, irrational, unjustifiable,” in her first public comments since the regulations were announced April 26.

She is taking the case to the Court of Arbitration for Sport (CAS).

“I am very upset that I have been pushed into the public spotlight again. I don’t like talking about this new rule,” Semenya said in the release. “I just want to run naturally, the way I was born.

“It is not fair that I am told I must change. It is not fair that people question who I am. I am Mokgadi Caster Semenya. I am a woman and I am fast.”

Female runners with high testosterone must reduce those levels or will not be allowed in international races between 400m and the mile, according to an IAAF rule starting Nov. 1.

“Our evidence and data show that testosterone, either naturally produced or artificially inserted into the body, provides significant performance advantages in female athletes,” IAAF president Seb Coe said in an April press release. “The revised rules are not about cheating, no athlete with a DSD [difference of sexual development] has cheated, they are about leveling the playing field to ensure fair and meaningful competition.”

The IAAF had gender-verification testing in place until 2011, when it was replaced with a test for abnormally high levels of natural testosterone.

In July 2015, the Court of Arbitration of Sport (CAS) suspended the IAAF’s regulation, ruling that it lacked sufficient scientific backing and was therefore unjustifiably discriminatory.

The gender-testing issue was raised in 2009, when Semenya won the world 800m title by nearly 2.5 seconds at age 18. Word leaked that track officials mandated she undergo sex testing.

Semenya was not cleared to run for 11 months and came back to earn silver at the 2011 Worlds and 2012 Olympics, while the testosterone-limiting rule was in effect, behind Russian Maria Savinova, who has since been stripped of her golds for doping.

Semenya then had a lull in performance after the London Games while the testosterone-limiting rule was still in effect. After CAS suspended the rule in 2015, Semenya peaked again in 2016, going undefeated in 800m races, twice breaking the national record and comfortably winning Olympic gold. She has won 24 straight 800m finals dating to 2015, according to Tilastopaja.org.

Semenya has never spoken publicly in detail about her situation. It has never been publicly verified that Semenya’s body naturally produces abnormally high levels of testosterone or that she ever took hormone suppressants.

Earlier this spring, Semenya repeated a phrase when asked about the new rule: “I don’t talk about nonsense.” South Africa’s track and field federation said in May that it planned to appeal to CAS.

Full Press Release

Caster Semenya, two-time world champion and two-time gold medallist in the Women’s 800 metre event, will file a legal case before the Court of Arbitration for Sport in Lausanne challenging the “Eligibility Regulations for Female Classification” of the International Association of Athletics Federation (IAAF).

The Regulations compel women who compete in athletics at the international level to submit to medically unnecessary interventions to lower their natural testosterone levels. Ms Semenya, like all athletes, is entitled to compete the way she was born without being obliged to alter her body by any medical means.

Ms Semenya will today (Monday, 18 June 2018) file the legal challenge to ensure, safeguard and protect the rights of all women.  She asserts that the Regulations are discriminatory, irrational, unjustifiable, and in violation of the IAAF Constitution, the Olympic Charter, the laws of Monaco (where the IAAF is based), the laws of jurisdictions in which international competitions are held, and of universally recognised human rights.  

Issued in April, the Regulations seek to establish a divide within the female category on the basis of naturally occurring testosterone levels. The IAAF claims that higher natural testosterone gives these women an unfair advantage over their peers. They also claim that screening for high testosterone levels is needed to ensure a level playing field in women’s athletics, reasoning that testosterone unfairly improves performance in certain select events, which coincide with the events in which Ms Semenya runs. 

Ms Semenya contends that the Regulations are objectionable on numerous grounds, including that they compel women with no prior health complaints to undergo medical interventions to lower their testosterone levels in the absence of support by the available science.

Ms Semenya is equally concerned by the way in which the Regulations continue the offensive practice of intrusive surveillance and judging of women’s bodies which has historically haunted women’s sports. The Regulations stigmatize and cause harm to women, and legitimize discrimination against women in sport who are perceived as not adhering to normative ideas about femininity.

Ms Semenya puts it like this:

“I am very upset that I have been pushed into the public spot light again.  I don’t like talking about this new rule. “I just want to run naturally, the way I was born.  It is not fair that I am told I must change.  It is not fair that people question who I am. I am Mokgadi Caster Semenya.  I am a woman and I am fast.”

The timing of the upcoming filing is critical because the IAAF has announced that the Regulations will come into effect on 1 November 2018 and women must show lowered testosterone levels for a minimum of six months before they can be considered eligible to compete.  Ms Semenya will ask the IAAF to suspend the implementation of the Regulations until her legal challenge is finally disposed of. Without a timely halt to the Regulations healthy women around the world could undergo unnecessary medical intervention in order to be eligible to compete under the Regulations or be unfairly prevented from participating in their chosen sport.  

Gregory Nott, Ms Semenya’s lawyer in South Africa with the international law firm Norton Rose Fulbright, comments that: “This is a landmark case concerning international human rights and discrimination against women athletes with major consequences for gender rights which are jealously protected by the South African Bill of Rights.  We are honoured to represent Ms Semenya and advance a position that protects all affected women along with our colleagues in Canada at Davies Ward Phillips & Vineberg, LLP, who represented Ms Dutee Chand in her successful challenge to the IAAF’s 2011 hyperandrogenism regulations, which were suspended by the Court of Arbitration for Sport as a result of Ms Chand’s challenge and subsequently withdrawn by the IAAF.”

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Paris 2024 Olympic marathon route unveiled

Paris 2024 Olympic Marathon
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The 2024 Olympic marathon route will take runners from Paris to Versailles and back.

The route announcement was made on the 233rd anniversary of one of the early, significant events of the French Revolution: the Women’s March on Versailles — “to pay tribute to the thousands of women who started their march at city hall to Versailles to take up their grievances to the king and ask for bread,” Paris 2024 President Tony Estanguet said.

Last December, organizers announced the marathons will start at Hôtel de Ville (city hall, opposite Notre-Dame off the Seine River) and end at Les Invalides, a complex of museums and monuments one mile southeast of the Eiffel Tower.

On Tuesday, the rest of the route was unveiled — traversing the banks of the Seine west to the Palace of Versailles and then back east, passing the Eiffel Tower before the finish.

The men’s and women’s marathons will be on the last two days of the Games at 8 a.m. local time (2 a.m. ET). It will be the first time that the women’s marathon is held on the last day of the Games after the men’s marathon traditionally occupied that slot.

A mass public marathon will also be held on the Olympic marathon route. The date has not been announced.

The full list of highlights among the marathon course:

Hôtel de ville de Paris
• Bourse de commerce
• Palais Brongniart
• Opéra Garnier
• Place Vendôme
• Jardin des Tuileries
• The Louvre
• Place de la Concorde
• The bridges of Paris
(Pont de l’Alma; Alexandre III;
Iéna; and more)
• Grand Palais
• Palais de Tokyo
• Jardins du Trocadéro
• Maison de la Radio
• Manufacture et Musées
nationaux de Sèvres
• Forêt domaniale
des Fausses-Reposes
• Monuments Pershing –
Lafayette
• Château de Versailles
• Forêt domaniale de Meudon
• Parc André Citroën
• Eiffel Tower
• Musée Rodin
• Esplanade des Invalides

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International Boxing Association lifts ban on Russia, Belarus

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The International Boxing Association (IBA) lifted its ban on amateur boxers from Russia and Belarus over the war in Ukraine that had been in place since early March.

“The IBA strongly believes that politics shouldn’t have any influence on sports,” the federation said in a press release. “Hence, all athletes should be given equal conditions.”

Most international sports federations banned athletes from Russia and Belarus indefinitely seven months ago, acting after an IOC recommendation. It is believed that the IBA is the first international federation in an Olympic sport to lift its ban.

The IOC has not officially changed its recommendation from last winter to exclude Russia and Belarus athletes “to protect the integrity of the events and the safety of the other participants.”

Last week, IOC President Thomas Bach said in an interview with an Italian newspaper that Russian athletes who do not endorse their country’s war in Ukraine could at some point be accepted back into international sports, competing under a neutral flag.

IBA, in lifting its ban, will also allow Russia and Belarus flags and national anthems.

“The time has now come to allow all the rest of the athletes of Russia and Belarus to participate in all the official competitions of their sports representing their countries,” IBA President Umar Kremlev, a Russian, said in a press release last week. “Both the IOC and the International Federations must protect all athletes, and there should be no discrimination based on nationality. It is the duty of all of us to keep sports and athletes away from politics.”

In 2019, the IOC stripped the IBA — then known as AIBA — of its Olympic recognition following an inquiry committee report into finance, governance, refereeing and judging. The IOC ran the Tokyo Olympic boxing competition.

The IBA will not run qualifying events for the 2024 Paris Games, but it does still hold world championships, the next being a men’s event in Uzbekistan next year.

Boxing, introduced on the Olympic program in 1904, was not included on the initial program for the 2028 Los Angeles Games but can still be added. The IBA must address concerns “around its governance, its financial transparency and sustainability and the integrity of its refereeing and judging processes,” Bach said last December.

On Sept. 23, the IBA suspended Ukraine’s boxing federation, citing “government interference.” Ukraine boxers are still allowed to compete with their flag and anthem.

The Associated Press contributed to this report.

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