Caster Semenya
Getty Images

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

5 Comments

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.”

OlympicTalk is on Apple News. Favorite us!

MORE: Usain Bolt’s Olympic spikes stolen

Chinese swimmer Sun Yang gets rare open hearing in doping case

Getty Images
3 Comments

The Court of Arbitration for Sport (CAS) said Monday it will hear the World Anti-Doping Agency’s case against three-time Olympic gold medalist Sun Yang on Nov. 15 in front of reporters — possibly even live-streamed — at the Fairmont Le Montreux Palace in Montreux, Switzerland.

The hearing won’t be completely open. Registration will be required, and photographers and videographers “will be invited to leave the hearing room after the opening,” CAS said in a statement. But those outside the room may still get a glimpse of the proceedings.

“With the agreement of all parties, it is intended to live stream all or parts of the hearing on the CAS website,” CAS said.

CAS noted that it has only held one prior hearing that wasn’t in a private setting — the 1999 case involving Irish swimmer Michelle Smith de Bruin, who won three gold medals in the 1996 Olympics but was banned for four years for tampering with a urine sample, a case that still prompts soul-searching in the Irish media. De Bruin lost the appeal.

Sun is accused of smashing a vial of blood at a drug test last fall. FINA allowed him to continue to compete, but the WADA has appealed, seeking a substantial suspension.

The Chinese swimmer won two gold medals at the world championships this summer and snubbed by some rivals at each medal ceremony, leading to a confrontation with British swimmer Duncan Scott.

RECAP AND VIDEO: Sun taunts Scott after medal ceremony

Sun has won 11 world individual titles in several freestyle distances but also has a long history of controversies ranging from a prior positive drug test and confrontations with other swimmers.

OlympicTalk is on Apple News. Favorite us!

 

 

 

 

U.S. women’s volleyball team ends year with surprise loss to Dominican Republic

Getty Images
Leave a comment

The Dominican Republic surprised the U.S. women’s volleyball team in the final of the NORCECA (North, Central America and Caribbean) women’s continental championship Sunday in San Juan, Puerto Rico, winning the first two sets and regrouping after a U.S. rally to win the fifth set.

The final score of the back-and-forth match: 25-19, 25-23, 15-25, 20-25, 15-9. The U.S. women had defeated the Dominican Republic in three previous finals: 2011, 2013 and 2015. The Dominican Republic won a semifinal matchup on its way to the 2009 title.

In group play, the U.S. team had beaten the Dominican Republic in straight sets. The U.S. also breezed past Trinidad & Tobago and Mexico in group play and swept past Canada in the semifinals.

The loss doesn’t affect Olympic qualification. The U.S. women had already qualified for the 2020 Olympics by winning a qualification tournament in August in Bossier City, La.

MORE: U.S. women rally to qualify

Semifinalists Canada and Puerto Rico qualified for a last-chance Olympic qualifier that the Dominican Republic will host in January. Mexico defeated Cuba in the NORCECA fifth-place game to be the last of the four teams vying for one spot.

The Dominican Republic has had some success in women’s volleyball, finishing fifth in the 2014 world championships and reaching the 2012 Olympic quarterfinals before falling to the U.S. The team also won this year’s Pan Am Games, to which the U.S. did not send its top players. Currently, the team is ranked 10th in the world.

Earlier this year, the U.S. women had defeated the Dominican Republic in two tournament finals — the Pan American Cup and the NORCECA Champions Cup. The U.S. also won a matchup in the World Cup last month, but the Dominican Republic won another five-set match in the Nations League preliminary round in Italy.

The U.S. finishes the year with a 44-7 record in tournament play, including a first-place finish in the Nations League and second place in the World Cup.

OlympicTalk is on Apple News. Favorite us!