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Feminism: Sex and gender discussions

Caster Semenya has won in the ECHR

302 replies

QuimReaper · 11/07/2023 11:14

This is quite confusingly written. Is the ruling just about discrimination, or has it actually overturned the testosterone judgment?

https://www.bbc.co.uk/sport/athletics/66162083

Semenya wins court appeal over testosterone limits

The European Court of Human Rights rules in favour of double Olympic 800m champion Caster Semenya in a case involving testosterone levels in female athletes.

https://www.bbc.co.uk/sport/athletics/66162083

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Helleofabore · 11/07/2023 14:17

I suspect there will be another round in court though as the WA says that it will not be changing it's new stance that states female athletes have to be female.

https://worldathletics.org/news/press-releases/response-european-court-human-rights-decision-2023

"World Athletics notes the judgment of the deeply divided Chamber of the European Court of Human Rights (ECHR). We remain of the view that the DSD regulations are a necessary, reasonable and proportionate means of protecting fair competition in the female category as the Court of Arbitration for Sport and Swiss Federal Tribunal both found, after a detailed and expert assessment of the evidence. The case was filed against the state of Switzerland, rather than World Athletics. We will liaise with the Swiss Government on the next steps and, given the strong dissenting views in the decision, we will be encouraging them to seek referral of the case to the ECHR Grand Chamber for a final and definitive decision. In the meantime, the current DSD regulations, approved by the World Athletics Council in March 2023, will remain in place."

World Athletics responds to European Court of Human Rights decision | PRESS-RELEASES | World Athletics

World Athletics remains of the view that the DSD regulations are a necessary, reasonable and proportionate means of protecting fair competition in the female category

https://worldathletics.org/news/press-releases/response-european-court-human-rights-decision-2023

Jezzz · 11/07/2023 14:16

Wikipedia says CS is intersex, yet has XY chromosomes and has 5α-Reductase 2 deficiency, which only affects genetic males! CS is a father

5α-Reductase 2 deficiency - Wikipedia

https://en.wikipedia.org/wiki/5%CE%B1-Reductase_2_deficiency

CurtainsWaft · 11/07/2023 14:06

The BBC article describes Semenya as 'legally identified as a female', while Times radio use the word 'woman' to describe him.

It's no wonder those not following the situation closely still believe Semenya is female and being unfairly penalised for being too 'male' presenting.

This is why language is so important.

Cailleach1 · 11/07/2023 14:04

bexyo · 11/07/2023 11:58

Fucking hell what a nasty and untrue comment

With this type of male DSD, part of the disorder is that the testes don't develop normally and drop like like they do in other baby boys. That is why it is a disorder of sexual development in males. The male sexual organs don't develop normally (however that doesn't mean that these males develop female sex organs as they cannot, being male). The internal testes can still produce testosterone, and as they are biologically male they respond to this.

Women athletes don't have this because they don't have testes like males, internal or otherwise.

heckmuffin · 11/07/2023 13:48

This thread is an eye-opener for me. I thought I was pretty up to speed with everything, and believed that Caster was a woman with a DSD (difference of sexual development). I didn't know he identifies as male, and well, is male. Shows how skewed the reporting has been.

Froodwithatowel · 11/07/2023 13:23

Unless we are finally at the point of 'legally female' as opposed to 'in actual physical reality female' - Semenya is not female. And has no business in female sports. Sympathy for Semenya's history still does not mean a male can have women's sports as a consolation prize.

If it is the case that we're now going to test the strength of being 'legally female' then let's get that grist to the mill. We know this will end in the GRCs and legal fictions having to go, they were a fucking terrible idea in the first place.

AndTheSurveySays · 11/07/2023 13:22

Semenya was recorded female at birth due to indeterminate genitalia - hence is still legally female

I'm sure I've read that Caster did not get a birth certificate until teen years.

meowgender · 11/07/2023 13:21

RebelliousCow · 11/07/2023 12:42

DSD's are either disorders of male or female development. In CS's case it is a DSD of male development. Semanya was born with internal testes and went through male puberty.

Semenya was brought up as a boy; identifies with males and is married to a woman. They have natural children borne out of artificial insemnation.

Do we know for sure that he's the biological father? I couldn't find any definitive information either way last time I searched.

Helleofabore · 11/07/2023 13:18

In addition, the UCI has decided to lower the maximum permitted plasma testosterone level (currently 5 mol/L) to 2.5 mol/L. This value corresponds to the maximum testosterone level found in
99.99% of the female population.

Let that sink in for a bit.

The UCI (Cycling international) decided that male people would be FAIR to compete against female people at a testosterone level that 0.01% of female people have. And it is likely that that % of female people may have also have a tumour needing attention...

And people wonder why female athletes are outraged!

meowgender · 11/07/2023 13:16

Semenya confirmed he has 5-ARD in his arbitration submission, back in 2018: https://www.tas-cas.org/fileadmin/user_upload/CAS_Award_-redacted-_Semenya_ASA_IAAF.pdf

Page 15, paragraph 68

https://www.tas-cas.org/fileadmin/user_upload/CAS_Award_-_redacted_-_Semenya_ASA_IAAF.pdf

Helleofabore · 11/07/2023 13:12

Maybe this diagram will help.

And this is from a PCOS advocate on twitter.

PCOS raises female testosterone to up to 5.5 nmol/L (and above 4 can cause serious issues).
5-ARD raised Caster's testosterone to 21 nmol/L.

twitter.com/NathanielHart72/status/1550916276490477568?s=20&t=E8muLvV5kUEpbPeemz8zwQ

twitter.com/seaningle/status/1537480540068225031?s=20&t=E8muLvV5kUEpbPeemz8zwQ

Sean Ingle (Guardian sports journalist) mentioned this

The latest scientific publications clearly demonstrate that the return of markers of endurance capacity to "female level" occurs within six to eight months under low blood testosterone, while the awaited adaptations in muscle mass and muscle strength/power take much longer (two years minimum according to a recent study). Given the important role played by muscle strength and power in cycling performance, the UCI has decided to increase the transition period on low testosterone from 12 to 24 months. In addition, the UCI has decided to lower the maximum permitted plasma testosterone level (currently 5 mol/L) to 2.5 mol/L. This value corresponds to the maximum testosterone level found in 99.99% of the female population.

Caster Semenya has won in the ECHR
Countdowntowinter · 11/07/2023 13:02

The point is he is a male and the fact that at birth his testes were internal and so he was incorrectly recorded as female is sad but doesn't make him female.

Countdowntowinter · 11/07/2023 12:59

Rainbowshit · 11/07/2023 11:32

No one should have to change their natural hormone levels to compete.

The issue here is that Caster is actually biologically male and they are trying to find a way to allow Caster to compete in the female category while retaining fairness for females.

These two aims are clearly incompatible and the rules need to be such that Caster as a biological male cannot compete in female events.

Wow, so much bending over to accommodate a male. An open category for everyone is the way forward and then a women's category.

costacoughee · 11/07/2023 12:54

I hate all this nonsense over men competing as women. So awful for the women involved

ditalini · 11/07/2023 12:52

ThatFraggle · 11/07/2023 12:33

Can you explain. I just remember it being said that CS has high testosterone and that it's unfair to say someone can't compete just because they have natural high testosterone.

I think it all becomes clear when you consider the possible sources of the testosterone and how this differs from female development.

We all know that women also have androgens and some of us have issues with an over supply/higher sensitivity leading to facial hair, acne etc. It's a normal variant of female development and (for e.g.) women with PCOS are no less female than any other women. It's necessary for female health to have some testosterone. This testosterone is produced in the ovaries and adrenal glands and compared to a bang average male is very, very small.

But this isn't where CS's testosterone is coming from. Caster's testosterone is produced in the testicles like in other males. It's normal for Caster because Caster was born with 5-ARD like these boys: The extraordinary case of the Guevedoces - BBC News

Caster is entitled to identify socially however they feel most comfortable, but Caster's "naturally high" testosterone is actually "naturally low" for a male as they are not female.

Catherine and his cousin Carla, Guevedoces in the Dominican Republic

The extraordinary case of the Guevedoces

Children in a remote village in the Dominican Republic have an extremely unusual condition.

https://www.bbc.co.uk/news/magazine-34290981

PriOn1 · 11/07/2023 12:44

What strikes me about Caster Semenya is that, other than when competing, there is no attempt to even pretend he thinks he’s female. He has known he was male for a long time, which takes away any sympathy I might have had.

If he really had felt he was female all his life and was shocked by the findings, then all this would be catastrophically sad, but he is very classically masculine, even to the point of indicating in interviews that he despises women.

RebelliousCow · 11/07/2023 12:43

Semenya was recorded female at birth due to indeterminate genitalia - hence is still legally female.

RebelliousCow · 11/07/2023 12:42

bexyo · 11/07/2023 11:58

Fucking hell what a nasty and untrue comment

DSD's are either disorders of male or female development. In CS's case it is a DSD of male development. Semanya was born with internal testes and went through male puberty.

Semenya was brought up as a boy; identifies with males and is married to a woman. They have natural children borne out of artificial insemnation.

Helleofabore · 11/07/2023 12:41

ThatFraggle · 11/07/2023 12:33

Can you explain. I just remember it being said that CS has high testosterone and that it's unfair to say someone can't compete just because they have natural high testosterone.

Furthermore, it is due to the reporting standards that you have had headlines stating 'females with naturally high testosterone'. The reporting standards dictated by the likes of Stonewall.

Media have to report the stories this way. Hence so much confusion rains.

No.... it really wasn't three female athletes with naturally high testosterone who won that event at the Rio Olympics. They were all males with Differences of sexual Development.

Those DSDs, like Semenya's, meant those male people went through a male puberty and developed the exact same physical benefits that all other males who are virilised by a male puberty have.

Plasmodesmata · 11/07/2023 12:38

When I first became aware of the story I assumed "female with DSD" too - as that's how all the reporting is spun.
Nobody seems to mention chromosomes.

Beowulfa · 11/07/2023 12:37

ThatFraggle · 11/07/2023 12:33

Can you explain. I just remember it being said that CS has high testosterone and that it's unfair to say someone can't compete just because they have natural high testosterone.

Semenya has been presented as a woman with naturally occurring high levels of testosterone, who's been unfairly victimised for not being "feminine" looking.

Semenya has a DSD which only affects male foetuses, and the South African authorities have known this for a long time.

Helleofabore · 11/07/2023 12:37

ThatFraggle · 11/07/2023 12:33

Can you explain. I just remember it being said that CS has high testosterone and that it's unfair to say someone can't compete just because they have natural high testosterone.

Semenya is male. They have undescended testes. That is the source of their natural testosterone level. The condition they have is 5ARD. They were mistakenly 'assigned' female at birth in an area that is now known to have a cluster of males with 5ARD. So much so that athletic talent scouts used to target that region for up and coming talent.

Semenya was never a female person.

NotBadConsidering · 11/07/2023 12:35

ThatFraggle · 11/07/2023 12:33

Can you explain. I just remember it being said that CS has high testosterone and that it's unfair to say someone can't compete just because they have natural high testosterone.

As Hellabore said. Semenya is male with 5 alpha reductase deficiency. The high testosterone comes from testes.

Helleofabore · 11/07/2023 12:33

bexyo · 11/07/2023 11:58

Fucking hell what a nasty and untrue comment

Caster Semenya is a male athlete who has a male only difference of sex development condition 5ARD.

You might find the comment nasty, but it is a true statement. Perhaps you should do some further research.

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