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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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ByteDance Lays Off Hundreds of Workers After China’s Private Tutoring Crackdown

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Major changes to the massive education industry in China have left many companies scrambling to adapt.


Industry Blowback

TikTok owner ByteDance laid off hundreds of employees Thursday in response to new Chinese regulations that prohibit private, for-profit tutoring in core curriculum subjects.

These employees worked in ByteDance’s online education businesses, such as GoGokids, which were effectively killed by the new rules. The over 300 workers have been laid off “with compensation,” although it’s unclear just how much compensation they will receive.

The entire education industry, one of the largest in China, was gutted by last month’s new rules, which not only ban private tutoring in the most important subjects but also give preferential treatment to public school students trying to enter China’s top universities.

Some firms, like the $15.5 billion startup known as Yuanfudao, had to largely shut down all marketing while figuring out what to do next. Others have had to shutter nearly all of their facilities. The only exceptions are those that offer tutoring in extra-curricular activities like music, which is still allowed.

Leveling the Playing Field

The move is supposed to help combat inequities within China between wealthier students and those who are poor or from more rural areas. Often, those with fewer resources often struggle to get into top universities because of their need to go to public schools and lack of access to increasingly costly private tutors in subjects like math, Chinese, history, science, and physics.

Those subjects are almost exclusively what Chinese universities look at when considering applicants.

It’s expected that with the ban and preferential treatment to public school students, the percentage of university applicants being accepted will lead to more low-income Chinese people having better opportunities.

Even if the long-term goals have merits, companies like ByteDance and even those outside of China are reeling in the short term.

The new rules not only target for-profit tutoring. They also prohibit most foreign investment into the Chinese education market, bar foreign curriculums, and ban most foreign teachers working in China, effectively shutting off large segments of the worldwide education industry, which catered to sending teachers to China.

See what others are saying: (Reuters) (Financial Times) (The Wall Street Journal)

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Police Arrest Hong Kong Man for Booing Chinese National Anthem

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The man’s boos were launched during the first time the Chinese national anthem had ever been played for a Hong Kong athlete at the Olympics.


Instulting the Anthem

Hong Kong authorities announced Friday that a man was arrested for allegedly booing and “insulting” the Chinese national anthem while watching the Olympics on Monday.

The unnamed 40-year-old, who identified himself as a journalist, was allegedly watching the Olympics fencing medal ceremony for Hong Konger Edgar Cheung at a local mall. When the anthem began playing, he allegedly began booing and chanted “We are Hong Kong!” while waving a British Hong Kong Colonial flag.

The man’s actions were particularly noteworthy because it was the first time the Chinese national anthem had been played for a Hong Kong athlete in the Olympics. Hong Kongers compete at the Games under a separate committee called Hong Kong, China. The last time a Hong Konger won gold was in 1996 for windsurfing, at which time the British anthem of “God Save the Queen” was played.

Concerns for Freedom of Speech

The man is suspected of breaking the relatively new National Anthem Ordinance, which was passed in June 2020, and has a penalty of up to three years in prison and fines of $6,000 for anyone who publicly and intentionally insults the anthem. The law mirrors one in mainland China, but it has faced considerable scrutiny from increasingly persecuted pro-democracy lawmakers in Hong Kong.

They argue that it tramples the right to free speech, which is supposed to be enshrined in the city’s Basic Law. Hong Kong police, however, say that’s not the case and claim that his actions breach common restraints on freedom of speech. Senior Superintendent Eileen Chung said that his actions were “to stir up the hostility of those on the scene and to politicize the sport.”

Police issued a warning that it would investigate reports of others joining his chants or violating the separate National Security law passed last year.

This incident isn’t the only case of alleged politicization of the Games. Badminton player Angus Ng was accused by a pro-Beijing lawmaker of making a statement by sporting a black jersey with the territory’s emblem. The imagery was very similar to the black-and-white Hong Kong flag used by anti-government protesters.

Ng countered that he wore his own clothes to the event because he didn’t have sponsorships to provide jerseys and he wasn’t authorized to print the emblem on a jersey himself.

See what others are saying: (Inside) (Al Jazeera) (CNN)

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Canadian Catholic Priest Says Residential Schools Survivors Lied About Abuse

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The Roman Catholic Church is facing considerable backlash across Canada for its treatment of indigenous peoples in the residential school system, along with its subsequent efforts to downplay the problem.


Priest Sparks Outrage

Father Rheal Forest was put on forced leave Wednesday following remarks he made over a weeks-long period starting July 10 in which he doubted victims of the country’s infamous residential school system.

Residential schools were a system of schools largely for indigenous children that were mostly run by the Catholic Church with federal government funding. The schools were notoriously cruel and long faced allegations that children had been abused or went missing under their care.

To date, over 1,300 unmarked graves have been found at four former residential schools across Canada, a fraction of the over 130 that used to exist.

Forest, of the St. Boniface archdiocese in Winnipeg, was standing in for a couple of weeks while the main priest at his church was away. During that time, Forest told parishioners that victims of the residential schools, particularly those sexually abused, had lied.

“If [the victims] wanted extra money, from the money that was given to them, they had to lie sometimes — lie that they were abused sexually and, oop, another $50,000,” he said.

“It’s kind of hard if you’re poor not to lie.”

In that same sermon, he also added that during his time with Inuit groups in the north of the country, most had allegedly said they appreciated the residential school system. Instead, he said they blamed any abuses on lay people working at the facilities rather than priests or nuns.

Forest’s comments drew a ton of backlash, prompting the archdiocese to place Forest on leave. A spokesperson for the archdiocese said that the institution “completely disavow” Forest’s comments, adding, “We very much regret the pain they may have caused to many people, not least of course Indigenous people and, more specifically, survivors of the Residential School system.”

Overall, the archdiocese has attempted to apologize to indigenous communities for its part in the residential school system, with Archbishop Albert Legatt saying in a video that the way forward was by “acknowledging, apologizing, and acting” on terms set by indigenous groups.

Church Allegedly Kept Money From Victims

Forest’s views and subsequent dismissal aren’t the only public relations scandal the Roman Catholic Church faces in Canada.

According to documents obtained by CBC News, the Church spent over a decade avoiding paying out money to survivors per a 2005 agreement. At the time, it, alongside the protestant churches that also ran some residential schools, agreed to pay an amount to victims of the schools in the tens of millions.

Instead, according to an internal summary of 2015 court documents, the Catholic Church spent much of that money on lawyers, administration, a private fundraising company, and unapproved loans. It seems that some of this was technically legal, such as a promise to give tens of millions back via “in-kind” services; however, there was no audit completed to confirm that these services actually happened or to prove the alleged value of the services. This led to doubts about whether or not they were done effectively.

The Catholic Church was unique among the signatory churches in the 2005 agreement with its efforts to avoid paying victims. All of the other denominations paid out their sums many years before without issues.

While priests such as Father Forest have supported the Church, there has been internal backlash. Father André Poilièvre, a Saskatoon priest and Order of Canada recipient, said the Church’s actions are “scandalous” and “really shameful,” adding, “It was a loophole. It might be legal, but it’s not ethical.”

With these latest revelations, widespread anger at the Church has triggered allegations that indigenous groups are behind a spree of church burnings across the country.

The entire situation is likely going to continue to smolder as a government commission set up to investigate the schools estimates there will be thousands of more unmarked graves found across Canada.

See what others are saying: (CBC News) (The Guardian) (CTV News)

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