In fact, Caster has already lodged her appeal against the controversial decision of the court of arbitration for sport, which in May 2019 approved the testosterone limit planned by the International Association of Athletes (IAAF).

 

Prof Tumi Mmusinyane, an associate professor at the Faculty of Law on the campus in Mahikeng, says the question can be asked why the IAAF Constitution and the Olympic Charter do not apply to female athletes with differences of sex development (DSD).

 

“Are they not worthy as equal human beings to be afforded the same human rights protection as other outstanding female athletes?”According to Tumi, it is essential to recognise that female athletes with DSD (like Caster) are still considered female and should be accorded the same protection.

 

He points out that Article 1 of the Universal Declaration of Human Rights also states that “All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood”.

 

Insulting towards Caster

 

The Court of Arbitration for Sport (CAS) recently upheld the discriminatory IAAF regulations dealing with female athletes with DSD; a decision the South African government is challenging.

 

Prof Tumi Mmusinyane is an associate professor at the Faculty of Law on the campus in Mahikeng.Tumi says the implication is that should Caster refuse to take medication, she could be allowed to compete against “male athletes”.

 

“The CAS ruling has created an international limbo and if not dealt with, it is likely to trample on those classified as DSD to be treated inhumanely while violating their dignity, equality, humanity and privacy as women.”

 

He concludes that the Semenya ruling before the CAS is appealable purely on human rights grounds, as the DSD regulations are discriminatory in nature since they are aimed at only restricting female athletes and not male athletes.

 

It is important to challenge such rulings, he says, as failing to do so would “normalise” what the World Medical Association (WMA) sees as abnormal – the use of chemicals to change an athlete’s hormonal makeup.

 

The WMA has urged physicians not to comply with the IAAF regulations as this would violate the International Code of Medical Ethics.

 

South Africans eagerly await the outcome of Caster’s appeal against the IAAF’s plans to limit the testosterone levels of female athletes.