A Swiss federal court dismissed a lawsuit filed by South African runner Caster Semeny against the World Athletics Federation, seeking to overturn rules regarding testosterone levels in female athletes.
Due to the new requirements, the two-time Olympic champion is prohibited from participating in competitions until she starts taking drugs that reduce the concentration of this hormone in her body.
In April 2018, World Athletics adopted rules governing eligibility for female athletes with high testosterone levels.
They were supposed to come into force in the fall of the same year.
According to the regulations, participants in international competitions in running at a distance of 400 meters to one mile must not have serum testosterone levels above 5 nmol / l.
Athletes with this indicator must either reduce it with the help of hormonal drugs and maintain the required level for six months before the start, or compete with men or in a separate category.
It is generally accepted that the level of testosterone in women ranges from 0.06 to 1.68 nmol / l, while for men the norm is 7.7 - 29.4 nmol / l.
Semenya criticized the new requirements of the Athletics Federation.
The three-time world champion immediately began a fight to abolish the rules, which, in her opinion, violate her right to participate in women's competitions.
She later filed a lawsuit with the Court of Arbitration for Sport (CAS), and World Athletics had to temporarily delay the entry into force of the amendments.
However, the CAS sided with an organization that insisted that female athletes with high testosterone levels, even if naturally caused, receive an unfair advantage over other girls.
The court ruling noted that although the new rules are discriminatory, they are necessary to maintain the integrity of women's athletics.
After that, Semenya filed an appeal with the Swiss Federal Court.
At the beginning of the proceedings, the court instructed World Athletics to temporarily suspend its rules for admitting female athletes, but soon reversed its own decision.
As a result, Semenya was deprived of the opportunity to compete at the 2019 World Championships, like several other athletes who claimed medals in their disciplines.
As a result, the Swiss Federal Court rejected Semeny's complaint by a final decision, confirming the legality of World Athletics' actions.
“Experts have determined that testosterone is a major determinant of varying levels of athletic performance between the sexes in athletics.
According to the CAS decision, women with the 46 XY DSD gene variant have testosterone levels comparable to men, which gives them a competitive advantage.
Based on this, the CAS decision cannot be challenged, "Interfax quotes the verdict.
The court's decision notes that each sports federation itself has the right to establish rules that will avoid a situation where athletes with a noticeable physical advantage distort the essence of the competition.
As an example, the practice of introducing weight categories in some sports is given.
For Semenya, the court decision means that she will not be able to compete for the third Olympic gold in the 800 meters race, unless she takes special drugs, which she has already opposed in the past.
The South African said she was going to fight for the opportunity to compete.
“I am very disappointed with this decision, but I will not let World Athletics drug me or prevent me from being myself.
By excluding female athletes or endangering our health simply because of our innate abilities, World Athletics is marginalized.
I will continue to fight for the rights of athletes, both on and off the treadmill, until we can all run freely the way nature gave us.
I know what is right and I will do my best to protect basic human rights in the name of girls all over the world, ”said Semenya AP.
World Athletics, in turn, was pleased with the outcome of the trial.
The organization noted that their goal was to protect the interests of women and provide them with the opportunity to honestly compete with each other.
“We welcome the decision of the Swiss Federal Court of Justice made today to comply with our regulation on the difference in sexual development as a legal and proportionate mechanism to protect the right of all athletes to participate in our sport on fair and meaningful terms.
We are committed to the full participation of women in athletics, whether it is women of high profile athletes competing in fair and meaningful conditions;
girls developing their life and sports skills;
or leaders and judges.
Although much remains to be done, we are at the forefront of this endeavor, not only for our sport, but for the sport in general, ”the organization said in a statement.
In turn, Semen's lawyer Greg Knott said that they will continue to seek the abolition of the existing rules and will appeal to the European and South African courts, but the new process may not be completed by the start of the Olympic Games in Tokyo in 2021. In the meantime, the athlete intends to switch to one of the sprint disciplines - running on 200 meters, in which she can perform without any restrictions.