The eligibility and legal protection of female athletes with differences of sex development

Abstract

This study firstly investigates the viability of the CAS’s award dated 30 April 2019 in accordance with the merits, evidence, and facts upon which the decision was based upon. Secondly, it will critically analyse the Swiss Federal Supreme Court’s judgment to reject the appeal by ASA and Semenya. Reference will be made to the Doctrine of Proportionality in analysing the Swiss Federal Supreme Court’s application thereof in the Semenya case. Comparisons are made between existing caselaw serving as precedents of the European Court for Human Rights and the facts contained in the Semenya case. Attention has also been drawn to the legal recourse currently available to affected athletes and the need for reform in current sports jurisprudence. Furthermore, emphasis will be given to the underlying causes of DSD development and why occurrences thereof is more prominently found in the populations of developing countries. Hereinafter, opinions and suggestions will be made as to appropriate and law-abiding ways as to how DSD should be regulated.