The Swiss court has temporarily suspended a new IAAF ruling as Caster Semenya would not need to use a testosterone-reducing medication to compete in the tournament.
The Olympic 800m champion, lost her challenge to the Court of Arbitration for Sport (CAS) against the implementation of a restriction on testosterone levels in female runners.
The ruling would have affected women competing from 400m to the mile.
Caster Semanya said in a statement, that “I hope following my appeal I will once again be able to run free,”
“I am thankful to the Swiss judges for this decision.”
Following the decision by CAS, the South African took her appeal to the Federal Supreme Court of Switzerland, citing the need to defend “fundamental human rights”.
Her legal representative Dr Dorothee Schramm said: “The court has granted welcome temporary protection to Caster Semenya.
“This is an important case that will have fundamental implications for the human rights of female athletes.”
In a statement, he confirmed, the Federal Supreme Court of Switzerland said it had “super-provisionally instructed the IAAF to suspend the application of the ‘Eligibility Regulations for the Female Classification for athletes with differences of sex development’ with respect to the claimant, until the decision on the request for issuance of provisional measures”.
It added: “At present, it is not known when the Swiss Federal Supreme Courts will issue an interlocutory order concerning these provisional measures.”
The IAAF said it had yet to receive notification of the new decision from the Swiss court.
In its initial judgement CAS found that the new rules proposed by the IAAF – athletics’ world governing body – for athletes with differences of sexual development (DSD) were discriminatory, but concluded that the discrimination was “necessary, reasonable and proportionate” to protect “the integrity of female athletics”.
28-year-old, Semenya has won the Olympic 800m title twice and the world title three times.
By Olukayode Oniwinde
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