The Switzerland-based Court of Arbitration for Sport (CAS) confirmed on Wednesday it had dismissed both requests for arbitration filed by Semenya and Athletics South Africa (ASA) in their attempt to have the controversial new IAAF regulations overturned.
According to the IAAF’s new rule, athletes with Differences of Sexual Development (DSD), which included some of the world’s best middle-distance runners who were reported to have been born with hyperandrogenism, would need to take medication to reduce their natural testosterone levels to 5nmol/L in order to compete internationally over distances ranging from 400m to the mile (1.609km).
“By the majority, the CAS panel dismissed the requests for arbitration, considering that the claimants were unable to establish that the DSD regulations were ‘invalid’,” CAS said in a statement.
“The panel found that the DSD regulations are discriminatory but the majority of the (three member) panel found that, on the basis of the evidence submitted by the parties, such discrimination is a necessary, reasonable and proportionate means of achieving the IAAF’s aim of preserving the integrity of female athletes in the restricted events,” CAS said.
However, CAS added that it was concerned about the practical application and implementation of the regulations, and it suggested the IAAF rule not be applied to the 1,500m and mile events until more evidence was provided that DSD athletes had an unfair advantage.
The regulations would need to be continually reviewed moving forward, and potential changes could be necessary.
Responding to the decision, Semenya tweeted that “sometimes saying nothing is the best response.”
NM/jn/APA