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Court Rules Discrimination “Necessary” for Female Runners With High Testosterone

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  • The Court for Arbitration for Sport has ruled that it is “necessary” to discriminate against female track athletes with naturally high levels of testosterone.
  • The decision upholds a rule imposed by the International Association of Athletics Federations that requires athletes classified with differences of sexual development (DSD) to take hormone suppressants in order to compete in certain races.
  • The case was brought forward by Caster Semenya, a female runner with higher testosterone levels, who has been battling the IAAF for the last decade.

IAAF Regulation Upheld

The Court of Arbitration for Sport (CAS) ruled Wednesday that discrimination against female track athletes with naturally high levels of testosterone is necessary to protect other female competitors.

The decision from the highest court in international sports upholds a regulation put in place by the International Association of Athletics Federations (IAAF), the governing body for track and field. The IAFF regulation requires female runners who have certain levels of testosterone to use hormone suppressants to lower their levels.

Athletes that do not comply will not be allowed to compete in certain races at major competitions like the Olympics.

The case was brought to the CAS by South African track star and two-time Olympic gold medalist Caster Semenya, who asked the court to overturn the rule. Semenya is a woman who has naturally occurring high levels of testosterone. The new IAAF regulations, first introduced in 2018, would force her to suppress her hormones in order to compete in her main event, the 800 meter.

The IAAF has said that the regulations were necessary to even the playing field, arguing that athletes classified with differences of sexual development (DSD) have an unfair advantage.

The organization says this is particularly true for women who have high testosterone levels who run in women’s events ranging from the 400 meter to the mile, because those races can be won by a hundredth of a second.

IAAF claims this is because women with high levels of male hormones have more muscle mass, strength, and higher oxygen-carrying capacity.

Court Decision

According to an official a summary of the case, CAS found that the IAAF regulations are “discriminatory,” but still ruled in favor of them in a 2-to-1 decision.

“Such discrimination is a necessary, reasonable and proportionate means of achieving the legitimate objective of ensuring fair competition in female athletics in certain events and protecting the ‘protected class’ of female athletes in those events,” the summary said.

However, the court did express “serious concerns” about the “practical application” of testosterone limits, such as athletes struggling to maintain the required hormone levels even with the suppressants, and the fact that it may be impossible for some athletes to comply because of the side effects caused by the suppressants.

CAS was also concerned about a lack of evidence that suggests DSD runners really have a significant advantage at longer-distance races like the 1,500 meter and the mile. Regarding this, the court asked IAAF to consider not applying the rule to those races until they have more evidence.

Semenya’s Record

While the court’s decision certainly comes as a blow to Semenya, this isn’t the first time that she has had to deal with this kind of problem.

In 2009, Semenya won a gold medal in the 800-meter race at the world track and field championships when she was only 18. However, her win raised questions about her gender, which prompted IAAF to subject her to a gender verification process.

This resulted in IAAF deeming her ineligible to compete for 11 months. IAAF’s handling of the situation was widely criticized, with South African officials and others saying that the tests were racist and sexist.

Semenya, for her part, has always said that she is a woman and that she should be able to compete in women’s events without suppressants or body-altering measures.

“God made me the way I am, and I accept myself,” she said in a magazine interview in 2009. “I am who I am, and I’m proud of myself.”

In 2011, IAAF adopted new regulations regarding eligibility for DSD women. This move did not seem to impact Semenya, who went on to win her first Olympic gold in 2012.

However, the rule did disproportionally effect other women, promoting CAS to overrule the regulation in 2015 when female Indian sprinter Dutee Chand brought it to the court after she had been indefinitely banned from competing.

Following that decision, Semenya went on to win gold again at the 2016 Olympics. However, her win angered IAAF president, Sebastian Coe, who said he would challenge CAS’s ruling. That ultimately led to IAAF introducing the new, more restrictive regulations in 2018.

In a statement released news outlets Wednesday, Semenya expressed her dismay for the court’s decision, but said the ruling would not hold her back.

“I know that the IAAF’s regulations have always targeted me specifically. For a decade the IAAF has tried to slow me down, but this has actually made me stronger,” she wrote. “The decision of the CAS will not hold me back. I will once again rise above and continue to inspire young women and athletes in South Africa and around the world.”

Support for Semenya

Other’s have echoed Semenya’s sentiments and expressed support for her.

The South African Sports Confederation and Olympic Committee (SASCOC) criticized the decision in a statement to the Associated Press, saying “We maintain that the rules are ill-thought and will be a source of distress for the targeted female athletes.”

The official twitter account for the Government of South Africa quoted Tokozile Xasa, the former South African Minister for Tourism, in a tweet showing support for Semenya.

Additionally, the World Medical Association called on doctors all over the world to not implement the rule.

“We have strong reservations about the ethical validity of these regulations,” the Association’s president, Dr. Leonid Eidelman said in a statement. “They are based on weak evidence from a single study, which is currently being widely debated by the scientific community.”

U.S. tennis star Billie Jean King also expressed dissappointment with the court’s decision and showed her support for Semenya on twitter, writing “I stand with you.”

Support for IAAF

However, not everyone is upset about the decision.

The IAAF celebrated their win, writing in a statement, “The IAAF is grateful to the Court of Arbitration for Sport for its detailed and prompt response to the challenge made to its Eligibility Regulations for the Female Classification for athletes with differences of sex development.”

The decision was also supported by some female runners, like Paula Radcliffe, the world-record holder in the women’s marathon, who reportedly said that she respected CAS’s decision “for ruling that women’s sport needs rules to protect it.”

What Comes Next?

Semenya will now have the opportunity to appeal the case to Switzerland’s Supreme Court, which has jurisdiction because CAS is based in Switzerland. Athletics South Africa (ASA) has already said they are going to look into this option, comparing the decision to Apartheid.

“South Africa knows discrimination better and CAS has seen it fit to open the wounds of Apartheid, a system of discrimination condemned by the whole world as a crime against humanity,” ASA said in a statement. “For CAS does not only condone discrimination, but also goes to lengths to justify it.”

However, the Supreme Court often does not overturn decisions from CAS. As of now, if Semenya wants to defend her title at the world championships in September, she and others with DSD will have to take hormone suppressants.

See what others are saying: (The New York Times) (The Associated Press) (The Guardian)

International

200 Children Seeking Asylum in the U.K. Are Missing 

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The missing include at least 13 children under the age of 16. 


Children Missing From Hotels

There are 200 asylum-seeking children missing from government care in the United Kingdom according to the parliamentary undersecretary of state at the Home Office.

When children are seeking asylum in the U.K. alone or separated from their parents, the government puts them up in hotel rooms for temporary accommodation. They have done so since 2021 and have temporarily accommodated 4,600 children in that time. However, Simon Murray, the parliamentary undersecretary of state at the Home Office, said that 200 of the children placed in those hotels are missing, including at least 13 who are under the age of 16.

In response to this information, a collection of more than 100 charities sent a letter to the Prime Minister demanding the end of the procedure of placing kids in hotels over safety concerns. The letter says that these children are at risk of trafficking and exploitation by staying in these hotels alone.

Other officials have echoed these concerns, claiming these hotels are targets for organized crime where people use these vulnerable children for labor or trafficking.

Parliament Calls Incident “Horrific”

Murray told the House of Lords on Monday that despite the media reports, his department does not know of any kidnapping cases, though they are investigating. He went on to say there are many reasons why children go missing. 

However, lawmakers were not appeased by Murray’s assurances. In a later debate, one member of Parliament called the missing cases “horrific” and another said that it was “putting children at risk.”  The children’s commissioner for England also reportedly chimed in asking for, quote “assurances on the steps being taken to safeguard the children.” 

Murray went on to say that the use of hotels for asylum-seeking children will hopefully be phased out as soon as possible but did not give a timeline. 

The nonprofit Refugee Council called on the government in a tweet to spare no expense in the location of these missing kids.

See what others are saying: (Washington Post) (The Guardian) (The Telegraph)

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100,000 U.K. Nurses Launch Biggest Strike in NHS History

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Opposition leader Keir Starmer called the strike “a badge of shame on this government.”


The NHS Grinds to a Halt

Some 100,000 members of the Royal College of Nursing (RCN), the United Kingdom’s largest nursing union, launched a historic 12-hour strike Thursday after the government refused to negotiate on higher pay.

The work stoppage, which spans England, Wales, and Northern Ireland, is only the second in the RCN’s 106-year history and the largest the NHS has ever seen. It marks the breaking point for many underpaid nurses and the culmination of a years-long decline in the NHS’s quality of care, put under increasing stress by severe staffing shortages.

Although most NHS staff in England and Wales received a pay rise of around £1,400 this year, worth about 4% on average for nurses, they say it has not kept up with inflation as Britain plunges deeper into a cost-of-living crisis.

When inflation is accounted for, nurses’ pay dropped 1.2% every year from 2010 to 2017, according to the Health Foundation.

Meanwhile, the number of patients waiting for care has reached a record 7.2 million in England, or over one in eight residents, more than double what it was seven years ago.

In July, the cross-party Commons Health and Social Care Select Committee estimated the staffing shortfall could be as high as 50,000 nurses and 12,000 doctors, what one MP called the “greatest workforce crisis in history.”

Many nurses argue that boosting pay will help hospitals recruit more staff.

The RCN demanded a pay raise 5% above the retail rate of inflation, which amounts to a 19% increase, but both Prime Minister Rishi Sunak and the government’s health secretary have claimed that’s not affordable.

During Thursday’s strike, partial staffing continued to remain open for urgent care such as chemotherapy, kidney dialysis, and children’s accident and neonatal units.

Sunak and Starmer Brawl in Parliament

Labor leader Keir Starmer grilled Sunak during Wednesday’s Prime Minister’s Questions (PMQs) on the upcoming strike.

“Tomorrow will be the first-ever nationwide nurse’s strike,” he said. “All the Prime Minister has to do to stop that is to open the door and discuss pay with them. If he did, the whole country would breathe a sigh of relief. Why won’t he?”

“We have consistently spoken to all the unions involved in all the pay disputes that there are,” Sunak replied. “Last year, when everyone else in the public sector had a public sector pay freeze, the nurses received a three-percent pay rise.”

Starmer fired back: “Nurses going on strike is a badge of shame for this government. Instead of showing leadership, he’s playing games with people’s health.”

Sunak called Starmer’s demand that he reopen negotiations with the RCN “just simply a political formula for avoiding taking a position on this issue.”

“If he thinks the strikes are wrong, he should say so,” Sunak said. “If he thinks it’s right that pay demands of nineteen percent are met, then he should say so. What’s weak, Mr. Speaker, is he’s not strong enough to stand up to the union.”

While Starmer has called on Sunak to negotiate with the RCN, he has not explicitly backed the 19% pay raise himself.

Unless the government returns to the bargaining table, the RCN plans to launch a second round of strikes on Dec. 20 to be followed by ambulance strikes that Wednesday and the next.

If the government still refuses to budge, the union said in a statement that nurses will strike for longer periods in more places starting in January, disrupting more health services.

Other industries are also set to see work stoppages this month, including workers on railways, buses, highways, and borders, as well as teachers, postal workers, baggage handlers, and paramedics.

See what others are saying: (BBC) (CNN) (The Guardian)

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Fortnite Developer Sued By Parents for Making the Game as “Addictive as Possible”

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One child mentioned in the lawsuit played over 7,700 rounds of Fortnite in two years.


Epic Games Sued 

A Quebec City judge recently approved a 2019 class-action lawsuit accusing Fortnite developer Epic Games of deliberately making Fortnite addictive.

The parents who brought forward the lawsuit claim their children have become so obsessed with the game that in some cases, they’ve stopped eating, showering, or socializing. The lawsuit claims that these kids have played thousands of games since Fortnite’s release in 2017. In one example, a teenager played over 7,700 games in less than two years. 

If the lawsuit succeeds, players addicted to Fortnite living in Quebec since September 2017 could receive compensation. The plaintiff’s attorney, Philippe Caron, reports that over 200 parents outside the lawsuit have reached out to him, saying their child’s well-being has diminished since downloading Fortnite. He told The Washington Post that they are very confident about their case. 

Epic Games Responds

“We plan to fight this in court,” Natalie Munoz, a spokesperson for Epic Games said to The Post, “We believe the evidence will show that this case is meritless.” 

Munoz also said that Fortnite does allow parents to supervise their child’s playtime and require permission for purchases.

The parents involved in the lawsuit are claiming that they were not aware of the dangers playing Fortnite could pose for their children. 

“If she had been informed by the defendants of the risks and dangers associated with the use of FORTNITE,” the lawsuit says of one guardian. “She would have categorically refused to allow the game to be downloaded.” 

See what others are saying: (BBC) (The Washington Post) (Deadline

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