South African female middle runner, Caster Semenya has been declared eligible to compete Last year, the IAAF introduced a new testosterone rule requiring any female athlete, including those with differences of sex development (DSD), to have a testosterone level below 5 nmol/Level.
However, the court on Monday directed that without reducing her naturally high testosterone level after the Swiss Federal Supreme Court temporarily suspended IAAF regulations, according to her lawyers.
It is a welcome change to an earlier situation, in which Semenya attempted to challenge the ruling, which she deemed unfair, filing an appeal to the Court of Arbitration for Sport (CAS).
However, her appeal was rejected after the IAAF was deemed to have presented enough evidence in court to prove that higher testosterone levels give athletes a significant advantage over competitors.
The two-time Olympic 800m winner Semenya tagged it discriminating, as the ruling did not cover all athletics disciplines, extending to just middle distances (from 400m to 1,500m), dominated by Semenya.
On Monday, though, the Swiss Federal Supreme Court upheld Semenya’s appeal against International Association of Athletics Federations (IAAF), while giving the governing body time to respond within three weeks.
It means Semenya will be allowed to compete in all events without medically reducing her testosterone while her appeal is pending.
Semenya’s lawyer, Greg Nott disclosed: “We brought an application for suspension of the regulations which we learnt was successful.
“The court ordered the IAAF to suspend immediately implementation of the regulation with regard to Caster and has given the IAAF until the 25th of June to respond to the suspense of effect.”