World Athletics remains adamant on testosterone regulations despite court ruling in favour of Semenya

ATHLETICS World Athletics remains adamant on testosterone regulations despite court ruling in favour of Semenya

Abigael Wafula 20:30 - 11.07.2023

In a presser released to the public, the athletics governing body noted that they remain of the view that the DSD regulations are necessary.

Following the decision by the European Court of Human Rights that ruled in favour of two-time Olympic champion Caster Semenya in a case involving testosterone levels in female athletes, World Athletics still remains adamant that Differences in Sex Development (DSD) regulations are necessary.

In a presser released to the public, the athletics governing body noted that they remain of the view that the DSD regulations are necessary.

The statement read: “We remain of the view that the DSD regulations are a necessary, reasonable and proportionate means of protecting fair competition in the female category as the Court of Arbitration for Sport and Swiss Federal Tribunal both found, after a detailed and expert assessment of the evidence.

"The case was filed against the state of Switzerland, rather than World Athletics. We will liaise with the Swiss Government on the next steps and, given the strong dissenting views in the decision, we will be encouraging them to seek referral of the case to the ECHR Grand Chamber for a final and definitive decision.”

The statement added that in the meantime, the current DSD regulations, approved by the World Athletics Council in March 2023, will remain in place.

Meanwhile, the ECHR on Tuesday, July 11, ruled in favour of Semenya and was against the government of Switzerland for not protecting Semenya's rights.

The lengthy ECHR statement read: “The court found in particular that the applicant had not been afforded sufficient institutional and procedural safeguards in Switzerland to allow her to have her complaints examined effectively, especially since her complaints concerned substantiated and credible claims of discrimination as a result of her increased testosterone level caused by differences of sex development."

The decision, made by a panel of seven people at the ECHR, was split 4-3 in favour of Semenya and may allow her to challenge the Swiss Supreme Court or CAS rulings.

Semenya had earlier lost two appeals to the Court of Arbitration on Sports (CAS) and another plea to the Swiss Federal Tribunal.

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