Athletics governing body sets gene-testing deadline for female category as World Championships loom

Daily Maverick

a day ago

Athletes who aim to compete in the female events at the upcoming World Athletics Championships have a month to comply with new gene-testing regulations.
World Athletics has set a timeline for the introduction of gene testing for the female category, which will be compulsory for athletes aiming to compete at ranking competitions.
Only athletes who have undertaken a once-off test for the SRY gene will be eligible for competition in the female category at elite events in future.
The new regulation will come into effect on 1 September, which is in keeping with the timeline the organisation initially laid out in March.
The 2025 World Athletics Championships take place in Tokyo from 13-21 September, and female athletes must have taken the test by then.
'All athletes wishing to compete in the female category at the World Championships are required to undergo a once-in-a-lifetime test for the SRY gene — a reliable proxy for determining biological sex,' said World Athletics.
'This is to be conducted via a cheek swab or blood test, whichever is more convenient.'
Biology over gender
In the short term, World Athletics will rely on individual federations, such as Athletics South Africa, to conduct the testing.
The global body will contribute up to $100 (R1,800) to fund each test. Results will take between one and two weeks to process, meaning female athletes need to start doing the tests immediately.
In future, World Athletics will centralise the testing, which it says is 'extremely accurate and the risk of false negative or positive is extremely unlikely'.
'We are testing for the absence or presence of the Y gene,' stated World Athletics.
'Tests for this are extremely accurate. Where there is a positive or presence of the gene, then the [World Athletics] medical manager will consult with the athlete concerned about what they would like to do and how they would like to proceed with a further assessment, including any further support they may need.
'Only after a further assessment can it be confirmed whether an athlete has androgen insensitivity syndrome or not.'
World Athletics president Sebastian Coe said: 'The philosophy that we hold dear in World Athletics is the protection and the promotion of the integrity of women's sport.
'It is really important in a sport that is permanently trying to attract more women that they enter a sport believing there is no biological glass ceiling. The test to confirm biological sex is a very important step in ensuring this is the case.
'We are saying, at elite level, for you to compete in the female category, you have to be biologically female. It was always very clear to me and the World Athletics Council that gender cannot trump biology.
'We particularly want to thank our member federations for their support and commitment in the implementation of these new regulations.'
This outcome is the result of the findings and recommendations by a Working Group on Gender-Diverse Athletes that World Athletics set up in March.
At the time, Coe said that they were aiming to have a decision on SRY testing before the World Athletics Championships. They have met that timeline.
Critics might argue that the outcome and the policy are unsurprising, considering the working group was established by World Athletics itself.
According to World Athletics, 'The working group spent more than a year studying developments in law, science, sports and society concerning gender-diverse athletes.'
The group made the following recommendations, which were widely consulted on earlier this year:
Formally affirm the design of and goals for the female category;
Revise the eligibility regulations so that they are consistent with the design and goals;
Merge the differences of sex development (DSD) and transgender regulations and, if the effect is to restrict opportunities for DSD athletes, adopt measures to address the reliance interest of those who are currently in the pipeline;
Adopt a pre-clearance requirement for all athletes competing in the female category; and
Consider forward initiatives, including supporting elite gender-diverse XY athletes.
Legal challenge?
It's unclear if there will be any legal challenges to this new policy.
But Coe stated earlier this year that World Athletics was prepared for that possibility and believes it can survive rigorous legal scrutiny.
'Yes, I am [confident of the policy passing a legal appeal], but you accept the fact that that is the world we live in,' said Coe.
'I would never have set off down this path to protect the female category in sport if I'd been anything other than prepared to take the challenge head-on.'
South African Caster Semenya recently won an appeal at the European Court of Human Rights that her rights to a fair hearing were violated.
Semenya, who is a DSD athlete, fought against the policy of being mandated to use testosterone-suppressing drugs to continue competing.
The case has taken years and, despite her career being over, it could have legal ramifications for others who might wish to challenge World Athletics.
Exact numbers of trans and DSD athletes currently competing at the elite level are not publicised for privacy reasons, but it would be minuscule. In fact, World Athletics confirmed there are currently no transgender women competing.
World Athletics pointed to its regulations as its guiding principle in this matter.
The female athlete category is defined in the Eligibility Rule 3.5, which states that only the following athletes may compete in this category:
Biological females.
Biological females who have used testosterone as part of male gender-affirming treatment further to a Therapeutic Use Exemption [TUE] granted in accordance with World Athletics' Anti-Doping Rules.
Biological males who have Complete Androgen Insensitivity Syndrome and therefore have not gone through male sexual development, including any type of male puberty.
Biological males with a difference of sex development who satisfy the transitional provisions issued by World Athletics.
'The transitional provisions do not apply to transgender women as there are none competing at the elite international level under the current regulations,' said World Athletics.
It's also clear that some DSD athletes who are currently active will be allowed to continue competing if they suppress testosterone levels.
'The position is that a very small number of known DSD athletes eligible to compete under the current regulations would be eligible for the remainder of their career provided they continue to maintain their testosterone below 2.5 nmol/L,' stated World Athletics.
No wiggle room
When it comes to the SRY testing, though, there is no wiggle room.
'If an athlete contests the validity of the test and result, it will be for the athlete to take up with the provider of the test, seek another test or consult with the medical manager,' stated World Athletics.
'The appeal provisions in the regulations concern challenges to their validity, legality and/or proper interpretation and application, and may only be challenged by an athlete who, but for Eligibility Rule 3.5, would have met all the requirements in the regulations. Such challenges can only be made to the Court of Arbitration for Sport.'
Pro-transgender groups have called World Athletics' previous policies of testosterone suppression discriminatory, and could challenge the policy of SRY testing.
World Athletics is just one of many sports federations taking stronger action against athletes with hyperandrogenism (higher levels of androgens, such as testosterone) from competing in the female category.
'The athlete can refuse to take the SRY test,' stated World Athletics. 'In such a case, they will not be granted eligibility to compete in world ranking competitions, but can still compete in non-world ranking competitions or in another category than the female category.
'The 46XY [a transgender individual with a male chromosome] athlete will be able to compete in non-world ranking competitions or in the male or open category if available. Offering them an alternative role in athletics (like coaching or officiating) is something that has been discussed.'
A study published in the Journal of the Philosophy of Sport in 2024 challenges World Athletics' stance on testosterone-suppressing drugs, such as those Semenya was mandated to take before she refused because of debilitating side effects.
'World Athletics has introduced regulations preventing female athletes with certain differences in sex development from competing in the female category. We argue these regulations are not justified and should be removed,' notes the study.
'We examine the reasoning and evidence underlying the position that these athletes have a substantial mean difference in performance from other female athletes such that it constitutes an advantage, and argue it is not sufficient.
'Secondly, if an advantage does exist, it needs to be demonstrated that it is unfair.
'We argue the advantage would not be unfair because to say otherwise relies on a presupposition about whether these athletes are female, which involves contradictory and inconsistent definitions of sex.
'Thirdly, we contend that even if it is established that there is an advantage and it is unfair, the response of requiring athletes to take testosterone-suppressing medication is not appropriate and is unfair.'
Ironically, the implementation of compulsory SRY testing should eliminate the need for testosterone-suppressing drugs. DM