Caster Semenya asks CAS to rule IAAF testosterone regulations 'unlawful'

Caster Semenya has asked the Court of Arbitration for Sport to rule the International Association of Athletics Federations' testosterone regulations "unlawful".

CAS on Tuesday issued a media statement to say it had been asked to rule on the IAAF regulation compelling some female athletes to medically lower naturally-occurring testosterone, which comes into effect on November 1.

The CAS statement read: "Caster Semenya seeks a ruling from CAS to declare such regulations unlawful and to prevent them from being brought into force. An arbitration procedure has been opened."

The South African, a two-time Olympic and three-time world 800 metres champion, has hyperandrogenism, a medical condition characterised by excessive levels of male sex hormones such as testosterone.

Athletics' world governing body is seeking to introduce the 'IAAF Eligibility Regulations for Female Classification (Athletes with Differences of Sex Development)', but it will not go unchallenged.

The regulations, which were announced in April, are designed by the IAAF to combat claims that women with higher levels of natural testosterone enjoy an unfair advantage in competition. Female athletes competing in events from 400m to the mile will be subject to the new rules.

Gregory Nott, director of law firm Norton Rose Fulbright and representing Semenya, said in a statement on Monday: "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."

Semenya's legal representatives, led by Mr Nott, say she has filed her challenge "to ensure, safeguard and protect the rights of all women on the basis that the regulations are irrational, unjustifiable, and in violation of the IAAF Constitution (based in Monaco), the Olympic Charter, the laws of Monaco, the laws of jurisdictions in which international competitions are held, and of universally recognised human rights."

India's 100m and 200m sprinter Dutee Chand challenged the hyperandrogenism guidelines and enjoyed a partial success in July 2015, with CAS suspending the regulations for two years. It also asked the IAAF to present fresh scientific evidence to justify the guidelines.

Now the newly-devised IAAF regulations will be scrutinised in the highest sport court in the world, with both parties providing written submissions before a decision is reached by an arbitration panel.




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