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Swiss court confirms Semenya cannot compete without hormone-suppressing treatment

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Lausanne (AFP)

South Africa's double Olympic 800m champion Caster Semenya cannot compete until she accepts to be treated with hormone-suppressing drugs, the Swiss supreme court confirmed on Tuesday.

"After many months of deliberation, the Federal Supreme Court of Switzerland has refused to set aside a 2019 ruling against Olympic gold medallist Caster Semenya by the Court of Arbitration for Sport (CAS)," the court said in a statement.

"The Swiss Supreme Court found that World Athletics’ requirement of subjecting certain female athletes to drug or undergo surgical interventions as a precondition to compete in women’s 400m to 1500m events does not amount to a violation of Swiss public policy," the court added.

World Athletics banned Semenya and other differences of sexual development (DSD) athletes from races between 400m and a mile unless they take testosterone-reducing drugs.

Semenya is classified as a woman, was raised as a woman and races as a woman.

But for World Athletics, women like Semenya, with certain masculine attributes due to DSD, are classified, biologically, as men. It is a position hotly contested by South African officials.

In the build-up to the 2009 world championships in Berlin, where an 18-year-old Semenya went on to win gold in the 800m, the South African had to undergo gender verification testing to confirm her eligibility to compete in the women's category.

She was subsequently put on medication to reduce her testosterone levels, spending six months sidelined by World Athletics.

Semenya, born with the "46 XY" chromosome rather than the XX chromosome most females have, described the experience as like that of being treated like a "human guinea pig" and vowed never to again allow World Athletics (then known as the IAAF) to enforce medication upon her in order to compete.

And after Tuesday's ruling in Switzerland, Semenya again refused to comply, even though it might mean missing out on the Tokyo Olympics, postponed until 2021 because of the coronavirus pandemic.

"I am very disappointed by this ruling, but refuse to let World Athletics drug me or stop me from being who I am," she said.

"Excluding female athletes or endangering our health solely because of our natural abilities puts World Athletics on the wrong side of history.

"I will continue to fight for the human rights of female athletes, both on the track and off the track, until we can all run free the way we were born. I know what is right and will do all I can to protect basic human rights, for young girls everywhere."

Dorothee Schramm, the lawyer who led Semenya's appeal, said the decision was a "call to action – as a society, we cannot allow a sports federation to override the most fundamental of human rights".

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