Caster Semenya, the South African Olympic champion, has won a legal challenge against World Athletics’ rules regarding testosterone levels in female athletes. The rules, which were introduced in 2018, required female athletes with differences of sexual development (DSD) to take hormone-suppressing medication in order to compete in events between 400 meters and a mile. However, the European Court of Human Rights recently ruled that these rules violated Semenya’s human rights.
Semenya, who won Olympic gold in the 800 meters event in 2012 and 2016, had previously lost legal challenges at the Court of Arbitration for Sport and the Swiss Federal Supreme Court. The recent ruling means that the regulations regarding testosterone levels in female athletes may now be re-examined.
Semenya’s case brings attention to the issue of intersex athletes in sports. Intersex refers to variations in sex characteristics that do not fit typical male or female bodies. In Semenya’s case, her intersex condition allegedly provides her with an unfair advantage in competition. Eligibility for sporting events has historically been determined through various methods, including physical examination, chromosome tests, and hormone tests. Since 2009, testosterone testing has been introduced, setting an arbitrary level of testosterone called hyperandrogenism.
Semenya’s condition is known as 46,XY, which means she has a male chromosome (XY) but her body’s hormones do not align with that chromosome due to a genetic mutation. This condition affects approximately one in 15,000 births. Individuals with this condition often grow up as female and may not realize anything is unusual until later in life, as they do not menstruate.
The World Athletics rules that Semenya challenged set a limit on testosterone levels for female athletes in the 400 meters, 800 meters, and 1500 meters disciplines. The narrow application of these rules led to speculation that they were targeted specifically at Semenya. The ruling required her to take medication to lower her testosterone levels. Semenya argued that such medication had made her constantly sick when she took it between 2010 and 2015.
The recent ruling by the European Court of Human Rights has brought Semenya’s case back into the spotlight. While she has emerged victorious in her legal battle, the ruling came at the cost of her being able to defend her 800 meters Olympic gold at the Tokyo Games in 2021.
As the discussion around intersex athletes and hormone levels in sports continues, it remains to be seen how the rules will be re-examined and whether a more balanced approach can be found that respects the rights and identities of all athletes. The focus will likely be on ensuring fair competition while also addressing the unique circumstances and challenges faced by individuals with intersex conditions like Semenya.
In the meantime, Semenya’s case serves as a reminder of the complexities surrounding gender, identity, and sports regulations, and the importance of finding solutions that strike a balance between inclusivity and fair competition.
