An analytical study of the human rights concerns before the CAS with reference to Caster Semenya

Chanda, Subhrajit and Saha, Kingshuk (2022) An analytical study of the human rights concerns before the CAS with reference to Caster Semenya. The International Sports Law Journal, 22 (4). pp. 314-331. ISSN 1567-7559

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Abstract

At a time when the social ideas regarding gender are shifting and the need for protection of human rights in sports has been emphasized, the IAAF Regulations on the participation of non-binary athletes in sporting competitions have been exclusionary and display a disregard for the legal standing of human rights of the athletes. At this juncture, the competency of the Court of Arbitration for Sports (CAS), the premier forum for dispute resolution in international sports, to adjudicate upon cases concerning the human rights of the athletes has been called into question after its failure to uphold the human rights concerns of the South African athlete Caster Semenya who challenged the validity of these IAAF Regulations vis-à-vis the requirement of female athletes to conform to a certain level of testosterone in their systems. This paper analyzes the functions of the CAS and argues why the CAS is uniquely placed to uphold the human rights of the athletes. Additionally, the paper delves into the historical understanding of gender verifcation in sports and examines the scientifc evidence regarding elevated male hormones leading to competitive advantage in female athletes. Finally, the paper suggests reforms for the CAS for it to be better equipped in handling human right concerns before it.

Item Type: Article
Keywords: CAS | Sports Law | Human Rights | Gender Regulations Caster Semenya | IAAF
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Amees Mohammad
Date Deposited: 21 Jun 2022 07:09
Last Modified: 22 Feb 2023 08:49
Official URL: https://doi.org/10.1007/s40318-022-00214-5
URI: https://pure.jgu.edu.in/id/eprint/3441

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