South Africa's government is stepping up to appeal a controversial ruling that would force one of their star athletes to alter her body's alchemy.
As Blavity reported, last week The Court of Arbitration for Sports (CAS) ruled to uphold The International Association of Athletic Federations' (IAAF) decision that female athletes with abnormally high testosterone levels cannot compete against other women in most competitions.
Caster Semenya, the South African Olympic gold medalist who filed the original appeal, was offered consolation to either compete in any race longer than a mile, race against men or take hormone enhancement pills. Understandably, she has adamantly declined to accept.
Now, PBS reports South Africa's government will be taking the lead to contest the decision yet again. The country's sports ministry announced that its track federation, Athletics South Africa (ASA), is stepping up to defend Semenya and other persons whom the resolution will affect.
Set to begin in November 2018, the new requirement is discriminatory against female-identifying athletes who are considered to have a difference in sex development (DSD). DSD is a sex condition in which a person's "genetics, hormones, internal organs or external genitalia are atypical," Children's National explains. The 28-year-old athlete has hyperandrogenism, a health condition that results in excessive testosterone.
The ministry claims that two-thirds of the CAS judges were "conflicted" about their resolve and pointed to a lack of exploration into scientific evidence to validate the IAAF's stance. Confirming that the "regulations are discriminatory," the residing panel stated that in this case, it is "necessary, reasonable and proportionate."
Sports Ministry Spokesman Vuyo Mhaga pushed back against the comment. “The pertinent legal questions that the court should have addressed were not addressed,” he said. “The court simply gave the unfettered latitude to the IAAF to do as it pleases.”
Prior to the ruling, the World Medication Association urged the CAS and physicians worldwide to challenge the controversial sports pronouncement, stating that they demanded an "immediate withdrawal of the regulations."
"We have strong reservations about the ethical validity of these regulations," wrote WMA President Dr. Leonid Eidelman in the organization's statement. "They are based on weak evidence from a single study, which is currently being widely debated by the scientific community. They are also contrary to a number of key WMA ethical statements and declarations, and as such we are calling for their immediate withdrawal."
Furthermore, the health department wrote that the practices are not only unethical but could cause many participant athletes bodily harm.
CBC Canada reports Semenya may likely have to appear in front of the United National General Assembly, as the ASA is also considering filing a sanction against the IAAF for violation of international human rights.
Mhaga reported ASA has made the decision to file but the procedure is currently in its infant stages. Semenya's legal counsel and the government sect have yet to address the move.
The new policy went into immediate effect following the CAS' conclusion.
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