ASA seek legal advice on World Athletics revised regulations of DSD athletes.

By Lehlohonolo Lehana.

Athletics South Africa (ASA) says, it has noted the decisions taken by World Athletics at its Council meeting held on 23 March 2023 regarding the eligibility regulations for athletes who are transgender or who have Differences of Sexual Development (DSD).

For DSD athletes, the new regulations will require any relevant athletes to reduce their testosterone levels below a limit of 2.5 nmol/L for a minimum of 24 months to compete internationally in the female category in any event and not just the events that were restricted (400m to one mile) under the previous regulations.

Interim provisions will be introduced for those relevant athletes who are already competing in what were the unrestricted events (distances below 400m and above one mile, plus field events). These provisions include a requirement to suppress their testosterone levels below 2.5nmol/L for a minimum of six months, before they are eligible to compete again. The interim provisions do not apply to the previously restricted events (400m to one mile) where two years of testosterone suppression will be required before the relevant athlete is eligible to compete.

Caster Semenya, the highest-profile DSD athlete on the planet, has been left uncertain about whether she can compete. Her next outing was supposed to be at this coming weekend’s SA Champs, but the situation is now unclear. 

DSD athletes will have to reduce their testosterone levels below the new limit for a minimum of 24 months to compete internationally in any elite event in the female category. 

DSD athletes have male testes but do not produce enough of the hormone dihydrotestosterone (DHT) that is necessary for the formation of male external genitalia. 

World Athletics President Sebastian Coe said the decisions were made in consultation with numerous stakeholders, including 40 member federations, coaches and athletes, plus a range of community groups including trans groups, United Nations experts and the International Olympic Committee. 

At 33, Semenya’s high-profile career, which has yielded two Olympic 800m gold medals, has been in limbo for several years as the sport grapples with the issue of transgender and DSD athletes. 

Whilst ASA is considering the new regulations and taking legal advice thereon, in the interim, it is duty bound to adhere to and implement the new regulations and as such cannot allow any of those affected athletes to participate in any world ranking competition or international events in contravention of the said regulations. In this regard, ASA is still awaiting the outcome of the legal challenge lodged against the regulations which is still to be heard and decided upon by the European Court of Human Rights

ASA also reaffirmed its gratitude to the government of SA, UNHRC, the WHO, World Medical Association, different governments around the world, global icons and fellow national federations that have continued to rally behind this noble course of supporting the challenge against these highly discriminatory regulations.

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