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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)

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Leaked Documents and Photos Give Unprecedented Glimpse Inside Xinjiang’s Detention Camps

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The so-called vocational schools, which China claims Uyghurs enter willingly as students, oversee their detainees with watchtowers armed with machine guns and sniper rifles, as well as guards instructed to shoot to kill anyone trying to escape.


Detained for Growing a Beard

The BBC and a consortium of investigative journalists have authenticated and published a massive trove of leaked documents and photographs exposing the Chinese government’s persecution of Uyghur Muslims in unprecedented detail.

According to the outlet, an anonymous source hacked several police computer servers in the northwestern Xinjiang province, then sent what has been dubbed the Xinjiang police files to the scholar Dr. Adrian Zenz, who gave them to reporters.

Among the files are more than 5,000 police photographs of Uyghurs taken between January and July 2018, with accompanying data indicating at least 2,884 of them were detained.

Some of the photos show guards standing nearby with batons.

The youngest Uyghur photographed was 15 at the time of their detention, and the oldest was 73.

One document is a list titled “Relatives of the Detained,” which contains thousands of people placed under suspicion for guilt by association with certain family members. It includes a woman whose son authorities claimed had “strong religious leanings” because he didn’t smoke or drink alcohol. He was jailed for ten years on terrorism charges.

The files also include 452 spreadsheets with information on more than a quarter of a million Uyghurs, some of whom were detained retroactively for offenses committed years or even decades ago.

One man was jailed for ten years in 2017 because he “studied Islamic scripture with his grandmother” for a few days in 2010.

Authorities targeted hundreds more for their mobile phone use, like listening to “illegal lectures” or downloading encrypted apps. Others were punished for not using their phones enough, with “phone has run out of credit” listed as evidence they were trying to evade digital surveillance.

One man’s offense was “growing a beard under the influence of religious extremism.”

The Most Militarized Schools in the World

The files include documents outlining conditions inside Xinjiang’s detention camps, or so-called “Vocational Skills Education and Training Centers.”

Armed guards occupy every part of the facilities, with machine guns and sniper rifles stationed on watchtowers. Police protocols instruct guards to shoot to kill any so-called “students” trying to escape if they fail to stop after a warning shot.

Any apprehended escapees are to be taken away for interrogation while camp management focuses on “stabilizing other students’ thoughts and emotions.”

The BBC used the documents to reconstruct one of the camps, which data shows holds over 3,700 detainees guarded by 366 police officers who oversee them during lessons.

If a “student” must be transferred to another facility, the protocols say, police should blindfold them, handcuff them and shackle their feet.

Dr. Zenz published a peer-reviewed paper on the Xinjiang police files, in which he found that more than 12% of Uyghur adults were detained over 2017 and 2018.

“Scholars have argued that political paranoia is a common feature of atrocity crimes,” he wrote. “Here, it is suggested that the pre-emptive internment of large numbers of ordinary citizens can be explained as a devolution into political paranoia that promotes exaggerated threat perceptions.”

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

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Biden Vows to Defend Taiwan if Attacked by China

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Some praised the remarks for clarifying U.S. foreign policy, while others feared they could escalate tensions with China.


Biden’s Remarks Create Confusion

During a Monday press conference in Tokyo, U.S. President Joe Biden said the United States would intervene to defend Taiwan in the event of a Chinese attack.

The remark caught many off guard because it contradicted decades of traditional U.S. foreign policy toward China.

A reporter said, “You didn’t want to get involved in the Ukraine conflict militarily for obvious reasons. Are you willing to get involved militarily to defend Taiwan if it comes to that?”

“Yes,” Biden answered. “That’s a commitment we made. We are not — look, here’s the situation. We agree with a One China policy. We signed onto it and all the attendant agreements made from there.”

“But the idea that it can be taken by force — just taken by force — is just not appropriate,” he continued. “It will dislocate the entire region and be another action similar to what happened in Ukraine.”

Beijing considers the Taiwanese island to be a breakaway province, but Taiwan, officially the Republic of China, has claimed to represent the real historical lineage of China.

Since 1972, the U.S. has officially recognized only one China, with its capital in Beijing. However, Washington maintains extensive informal diplomatic ties with Taipei and provides military assistance through weapons and training.

Successive U.S. presidents have also committed to a policy of “strategic ambiguity,” refusing to promise or rule out a direct military intervention in case China attacks Taiwan.

The strategy is meant to deter China while avoiding a hard commitment to any action.

Biden Sparks Controversy

The White House quickly sent a statement to reporters appearing to walk back Biden’s remark.

“As the president said, our policy has not changed,” the statement said. “He reiterated our One China Policy and our commitment to peace and stability across the Taiwan Strait. He also reiterated our commitment under the Taiwan Relations Act to provide Taiwan with the military means to defend itself.”

Monday was not the first time Biden made similar remarks regarding China and Taiwan.

Last August, he promised that “we would respond” if there was an attack against a fellow member of NATO and then added, “same with Japan, same with South Korea, same with Taiwan.”

In October, he again told CNN’s Anderson Cooper that the U.S. would defend Taiwan from a Chinese attack, prompting the White House to hurriedly walk back his statement.

Monday’s remark was received with support as well as criticism.

“Strategic ambiguity is over. Strategic clarity is here,” Tweeted Matthew Kroenig, professor of government at Georgetown University. “This is the third time Biden has said this. Good. China should welcome this. Washington is helping Beijing to not miscalculate.”

“It is truly dangerous for the president to keep misstating U.S. policy toward Taiwan,” historian Stephen Wertheim wrote in a tweet. “How many more times will this happen?”

“The West’s robust response to Russian aggression in Ukraine could serve to deter China from invading Taiwan, but Biden’s statement risks undoing the potential benefit and instead helping to bring about a Taiwan conflict,” he added. “Self-injurious and entirely unforced.”

Biden also unveiled the Indo-Pacific Economic Framework for Prosperity (IPEF), a trade agreement signed by the U.S. and 12 Asian nations.

The agreement appeared to many like another move to cut off China from regional trade pacts and supply chains in Washington’s strategic competition with Beijing.

See what others are saying: (CNN) (The New York Times) (The South China Morning Post)

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Russia Takes Over 900 Azovstal Fighters Prisoner as Mariupol Surrenders

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Ukraine said the soldiers successfully completed their mission, but the fall of Mariupol represents a strategic win for Putin.


Azovstal Waves the White Flag

Russia’s foreign ministry announced on Wednesday that it had captured 959 Ukrainians from the Azovstal steelworks, where besieged soldiers have maintained the last pocket of resistance in Mariupol for weeks.

A ministry spokesperson said in a statement that 51 were being treated for injuries, and the rest were sent to a former prison colony in the town of Olenivka in a Russian-controlled area of Donetsk.

The defense ministry released videos of what it claimed were Ukrainian fighters receiving care at a hospital in the Russian-controlled town of Novoazovsk. In one, a soldier tells the camera he is being treated “normally” and that he is not being psychologically pressured, though it is unclear whether he is speaking freely.

It was unclear if any Ukrainians remained in Azovstal, but Denis Pushilin, the head of the self-proclaimed republic of Donetsk, said in a statement Wednesday that the “commanders of the highest level” were still hiding in the plant.

Previously, estimates put the number of soldiers inside Azovstal around 1,000.

Ukraine officially gave up Mariupol on Monday, when the first Azovstal fighters began surrendering.

Reuters filmed dozens of wounded Ukrainians being driven away in buses marked with the Russian pro-war “Z” symbol.

Ukraine’s deputy defense minister said in a Tuesday statement that the Ukrainian prisoners would be swapped in an exchange for captured Russians. But numerous Russian officials have signaled that the Ukrainian soldiers should be tried.

Mariupol Falls into Russian Hands

After nearly three months of bombardment that left Mariupol in ruins, Russia’s combat mission in the city has ended.

The sprawling complex of underground tunnels, caverns, and bunkers beneath Azovstal provided a defensible position for the Ukrainians there, and they came to represent the country’s resolve in the face of Russian aggression for many spectators.

Earlier this month, women, children, and the elderly were evacuated from the plant.

The definitive capture of Mariupol, a strategic port city, is a loss for Ukraine and a boon for Russia, which can now establish a land bridge between Crimea and parts of Eastern Ukraine controlled by Russian separatists. The development could also free up Russian troops around Mariupol to advance on the East, while additional reinforcements near Kharkiv descend from the north, potentially cutting off Ukrainian forces from the rest of the country.

The Ukrainian military has framed events in Mariupol as at least a partial success, arguing that the defenders of Azovstal completed their mission by tying down Russian troops and resources in the city and giving Ukrainians elsewhere more breathing room.

It claimed that doing so prevented Russia from rapidly capturing the city of Zaporizhzhia further to the west.

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

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