ASA considers legal challenge against 'highly discriminatory' World Athletics rules

Since World Athletics announced new guidelines for athletes who identify as transgender and others with different sexual development, Athletics South Africa (ASA) is exploring its legal options (DSD).

Caster Semenya in a file photo (Image Credits - Twitter)
By Abhiruchi Rout | Mar 31, 2023 | 3 Min Read follow icon Follow Us

Since World Athletics announced new guidelines for athletes who identify as transgender and others with different sexual development, Athletics South Africa (ASA) is exploring its legal options (DSD). The South African governing body announced that it will support the new regulations, which forbid trans athletes from competing in the women’s division and call for DSD athletes to lower their testosterone levels to less than 2.5 nmol/L for two years in order to compete in all women’s events. Nonetheless, ASA has labeled the regulations as “highly discriminatory” and is looking into its legal alternatives. In a statement, the organization stated that it was still awaiting the outcome of the legal challenge brought against the regulations that were pending before the European Court of Human Rights.

Who has been affected as a result of World Athletics’ new rule?

Caster Semenya’s case, the South African athlete, is the primary source of the debate surrounding these restrictions. Olympic 800m gold winner Semenya has been engaged in a legal dispute with World Athletics over their testosterone rules for years. The decision prohibiting DSD athletes from competing in events from the 400m to the mile has affected Semenya, young Namibian sprinter Beatrice Masilingi, and her countrywoman Christine Mboma. 

After failing to have the current restriction on World Athletics lifted at the Court of Arbitration for Sport and the Swiss Federal Court, Semenya opposed the use of medicine to lower her natural testosterone levels and took her case to the European Court of Human Rights.

Read More-Transgender Women Barred from Female Ranking Competitions by World Athletics

What did Athletics South Africa (ASA) say?

On Thursday, Semenya attended the ASA National Championship in Potchefstroom, but she did not take part in any of the competitions. On the other hand, Masilingi took part in a 200-meter exhibition race but was forced to withdraw because of a hamstring strain. It is unlikely that Semenya will compete until her Human Rights Court hearing is over because World Athletics’ new regulations take effect on Friday. 

In its statement, ASA reiterated its appreciation for the support of different international organizations and national federations in the legal challenge to the restrictions. While assessing its legal alternatives, ASA also accepted that it had a responsibility to follow and put into practice the new legislation. “ASA 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,” the statement read.

The dispute to remain

Several critics argue that the new rules are discriminatory and violate human rights, despite World Athletics’ assertion that they are intended to level the playing pitch and promote fairness in the sport. With several high-profile incidents in recent years, the topic of testosterone limits for athletes with DSD has become divisive in the world of sports. The argument over the rights of athletes with DSD is expected to continue as long as Semenya’s legal dispute with World Athletics lasts.

Read More-Namibia sports minister expresses her displeasure over World Athletics new rule