Caster Semenya ends 7-year-old legal challenge against rules of gender eligibility

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The South African Railway and Field Olympic Caster Semenya has completed a seven-year legal challenge against the rule of eligibility in the sport, according to the Associated Press.

“Caster’s legal challenge reached the highest possible court with a very successful result and will not be passed on in the circumstances,” wrote athlete’s lawyer Patrick Bracher in an E email to Associated Press.

Semenya was born with a difference in sex development (DSD) and was legally identified as female at birth, but has a medical condition that leads to some male features, including increased levels of testosterone. Semenya has said that the athlete was born without uterus and with internal testicles.

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Caster Semenya from Team South Africa competes in the mixed baton during the World Cup in 2023 in the countryside at 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 enforced by courses for Body World Athletics in three courts; The Switzerland-based highest court for sports, the Swiss federal court and the European Human Rights.

World Athletics said that Semenya and a small number of other DSD athletes in the international course have testosterone levels in the male interval, giving them an unreasonable advantage over other women due to the hormone’s connection to muscle mass and cardio-vascular performance. Semenya was the world’s dominant middle distance runner and was undefeated in more than 30 races when the athlete was excluded from women’s orbit.

How much advantage DSD athletes get in testosterone has been disputed in one of the many details of Semenya’s case.

Semenya claimed that the rules violated the athlete’s rights, then Semenya lost appeals to the Court of Arbitration for Sport and in the Swiss federal court.

However, the European Human Rights Court gave up in July that Semenya had not had a fair hearing at the Swiss Tribunal, and it had not properly considered any of the complex arguments. It opened an Avenue for the athlete to continue the challenge.

World Athletics changed his policy in March 2023, excluding man-to-kingdom transking athletes who have undergone male puberty from women’s competitions, prioritized “justice and integrity.”

A presentation on a World Athletics Last month, Panel in Tokyo revealed that 50 to 60 athletes with male biological benefits have been finalists in the female category at the Global and Continental Championships since 2000.

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Caster Semenya from Team South Africa competes in the women’s 5000 m heats on day six of the World Athletics Championships Oregon22 at 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 Athletics Health and Science Department, Dr. Stéphane Bermon who said Sex tests were needed due to an “over -representation” of DSD (differences in sex development) athletes among finalists per year. More reports.

Controversy about the question in the world’s athletics arose when Semenya won Olympic Gold at 800 meters by 2012 and 2016 games. Then at Tokyo -ol in 2021, Namibia’s Christine Mboma claimed silver at 200 meters.

Last October, The Fn Said that nearly 900 biological females fell during the podium because they were beaten by trans athletes.

The results were prepared by Reem Alsalem, the UN rapporteur on violence against women and the title “Violence against women and girls in sports.

The report said that more than 600 athletes did not medal in more than 400 competitions in 29 sports, a total of over 890 medals, according to information obtained on March 30.

The new President of the International Olympic Committee (IOC), Kirsty Coventry, dealt with the topic of transking athletes competing in women’s sports at his first news conference since the acquisition in June and said there is “overwhelming support” of IOC members to protect the female category.

“We understand that there will be differences depending on the sport … but it was very clear from the members that we first have to protect the female category, first and foremost to ensure justice,” Coventry said.

“But we have to do so with a scientific approach and inclusion of the international federations that have already done a lot of work in this area.”

Gold Medalist Caster Semenya in South Africa is on the podium during the medal era for women’s 800 meters on day 15 of the 2016 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 come to an agreement on how to change the policy, and suggested that the IOC can draw inspiration from the world’s athletics policy that restricts biological men from competing in women’s sports if these men have gone through male puberty.

“It was very clear of the membership that the discussion about this must be done with medical and scientific research at the core, so we look at the facts and nuances and inclusion of the international federations that have done so much of this work … to have a seat at the table and share with us because every sport is different,” she said.

However, Coventry also said that any changes would probably not result in retroactive effect in changing the results of previous competitions containing athletes with gender eligibility issues.

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