Pol olicing t g the he Gen ende der Di Divide de Where do we - - PowerPoint PPT Presentation

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Pol olicing t g the he Gen ende der Di Divide de Where do we - - PowerPoint PPT Presentation

Pol olicing t g the he Gen ende der Di Divide de Where do we go from here? Hon. Hugh Fraser Jim Bunting January 30, 2020 "A Hist stor ory of of Ignor gnorance ance" 1960s 60s 1970s - 1990s 1990s 2000 - 2011 2011


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SLIDE 1

Pol

  • licing t

g the he Gen ende der Di Divide de

Where do we go from here?

  • Hon. Hugh Fraser

Jim Bunting January 30, 2020

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SLIDE 2

"A Hist stor

  • ry of
  • f Ignor

gnorance ance"

1960s 60s

"Nude ude Parades ades"

  • Visual and manual

genital inspections

  • Some women withdrew

from sport

1970s - 1990s 1990s

Chromosome tests

  • 46XY athletes deemed

male

  • Prevent men

masquerading as women

  • Patino 1985
  • Abolished by IAAF

2000 - 2011

2011

Ad-hoc Gender Verification

  • "Suspicion" on gender

triggers medical testing

  • Soundarajan 2006
  • Semenya 2009
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SLIDE 3

2009 2009 IAAF W Wor

  • rld C

d Champi hampion

  • nshi

ships, s, B Ber erlin

"It is clear that [Ms Sem enya] is a w om an but m aybe not 100 per cent.“ — IAAF Secretary, Pierre Weiss

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SLIDE 4

IAAF R IAAF Regula lati tions

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SLIDE 5

St Stated ed R Rationa nale e & & Sc Scre reen ening ng u unde nder t the Regu gulat ation

“ It is also know n from experience that there are rare cases of young fem ales com peting in Athletics today w ho are affected by hyperandrogenism w hich, if the condition rem ains undiagnosed

  • r neglected, can pose a risk to health. Despite the rarity of such

cases, their em ergence from tim e to tim e at the highest level of w om en’s com petition in Athletics has proved to be controversial since the individuals concerned often display m asculine traits and have an uncom m on athletic capacity in relation to their fellow fem ale com petitors.”

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SLIDE 6

2011 011: IAF AFF’s Hyper peran androg

  • gen

enism Regul egulation

  • ns
  • Applied to all

ll women in Track & Field

  • IOC substantively similar rule apply

to all ll women in all ll sports

  • Focus on T, not gender
  • 10 nmol/L limit
  • Expert panel determination of

"androgenizing effect” Two

  • opt
  • ptions to
  • com
  • mply:
  • Quit sport
  • Medical intervention to reduce and

maintain T below 10 nmol/L

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SLIDE 7

Dut utee ee Chand hand

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SLIDE 8

The he Dec ecisi sion: n: Regul egulat ation

  • n i

is Sus uspended pended

  • Reg is Discriminatory as between men and women

and based on a natural genetic trait

  • IAAF failed to establish it is necessary, reasonable

and proportionate to establish a level playing field

  • Natural testosterone confers an advantage, but

insufficient evidence of degree of advantage or that any advantage was unfair

  • CAS Suspends Regulations for 2 years

No

  • Regul

egulat ation i n in n pl plac ace e for

  • r R

Rio

  • 2016

2016

  • Dutee qualifies and competes in 100m
  • Caster wins gold in 800m
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SLIDE 9

2018: 2018: IAAF’s D s DSD R Regul egulat ation

  • ns
  • Narrowed: Applies only to some women

in some events (between 400m and mile) and only in international competitions

  • 5 nmol/L T limit
  • Same expert panel determination of

"androgenizing effect”

  • Focus turns back to gender (46XY)

Thr hree opt

  • ptions to
  • com
  • mply:
  • Quit international competition
  • Medical intervention
  • Compete in the men’s category
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SLIDE 10

The he CAS A Arbi bitrat ation

  • n

Sem emenya T Team eam

  • Canadian and South African counsel
  • 7 fact witnesses
  • 15 experts
  • Genetics, endocrinology, gynecology,

psychology, statistics, policy, law

IA IAAF T Team eam

  • British counsel
  • 1 fact witness (IAAF Medical Director)
  • 7 experts
  • Endocrinology, gynecology,

sport science, statistics, law, trans athlete

CAS P Proceedi eeding ng

  • 3 arbitrators (Canadian, Australian, Swiss)
  • 9 month proceeding ending in 5 day hearing
  • Expert witness panelling (i.e. hot tubbing)
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Th The CAS Aw AS Award

  • Decision announced publicly May 1,

2019

  • CAS Panel splits 2/1
  • Rare for CAS arbitration
  • Written dissents not permitted under Rules
  • Majority of Panel finds DSD Regulations

discriminatory, but justified as necessary, reasonable, and proportionate

  • 165-page arbitral award (redacted)

released publicly in June 2019

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Wher here do e do we e go go from

  • m her

here

  • What does this mean for Athletics?
  • What does this mean for other sports (Olympics)?
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