World Athletics Implements ‘Biological Female’ Testing, Faces Legal Challenges
World Athletics has moved to solidify regulations defining eligibility for female athletes, introducing a test to determine “biological femaleness” and banning transgender athletes who underwent male puberty from international competition as of March 2023. The move, coupled with a recent ruling by the European Court of Human Rights (ECHR), underscores a growing debate surrounding fairness and inclusion in elite sports.
World Athletics approved the introduction of the new testing protocol in March, as part of a broader effort to tighten regulations concerning transgender and difference of sex development (DSD) athletes. The test itself is described as “extremely accurate,” with “the risk of false negative or positive” deemed “extremely unlikely.” World Boxing also adopted the use of the SRY test in May, mandating sex testing for all athletes.
Defining Biological Sex in Elite Athletics
The core of the new policy, as articulated by a senior official, is a firm stance on biological factors. “We are saying, at elite level, for you to compete in the female category you have to be biologically female,” the official stated. “It was always very clear to me and the World Athletics Council that gender cannot trump biology.” This declaration reflects a belief that inherent biological differences provide an undeniable advantage in athletic competition.
A working group within World Athletics recommended merging regulations for both DSD and transgender athletes, citing new evidence suggesting that testosterone suppression “can only ever partly mitigate the overall male advantage in the sport of athletics.” Current rules for DSD athletes already require a reduction in testosterone levels to a specified threshold for at least six months prior to international competition.
Semenya Case Highlights Legal Battles
The implementation of these regulations has not been without legal challenges. In July, the ECHR ruled that two-time Olympic gold medalist Caster Semenya had her right to a fair hearing violated by the Swiss Federal Supreme Court. This stemmed from Semenya’s 2020 appeal against World Athletics regulations that effectively prevented her from competing.
Semenya, 34, has been unable to compete in the 800m since 2019 due to rules restricting testosterone levels in track events ranging from 400m to the mile. She was born with a DSD condition. Crucially, the ECHR’s ruling was not a judgment on the validity of the DSD rules themselves, but rather a condemnation of Switzerland’s failure to protect Semenya’s rights during the appeals process.
Future Implications and Federation Support
World Athletics expressed gratitude for the support of its member federations in implementing the new regulations. The organization believes these changes are necessary to ensure fair competition within the female category. The long-term impact of these policies, and the potential for further legal challenges, remain to be seen. The debate surrounding inclusivity and biological advantage in sports is likely to continue as World Athletics navigates this complex landscape.
