Piotr is an intern at the ASSER International Sports Law Centre.
On 24 July the Court of Arbitration
for Sport (CAS) issued its decision in the proceedings brought by the Indian
athlete Ms. Dutee Chand against the Athletics Federation of India (AFI) and the
International Association of Athletics Federations (IAAF) in which she
challenged the validity of the IAAF Regulations Governing Eligibility of
Female with Hyperandrogenism to Compete in Women’s Competition (Regulations). The Regulations were
established in 2011 as a response to the controversies surrounding South
African athlete Caster Semenya (see e.g.
here, here, and here), and for the purpose of
safeguarding fairness in sport by prohibiting women with hyperandrogenism, i.e. those with excessive levels of
endogenous (naturally occurring) testosterone, from competing in women athletics
competitions. Owing to the subject-matter that the Regulations cover, the case
before the CAS generated complex legal, scientific and ethical questions. The
following case note thus aims at explaining how the Panel addressed the issues
raised by the Indian athlete. It follows a previous blog we published in December 2014 that
analysed the arguments raised in favour of Ms. Chand. More...