Athletes today can become instant celebrities, but does that mean they should be forced to relinquish their right to privacy?
Raheel “Bobby” Saleem, a third-year student at The John Marshall Law School, will address that question when he presents his position against gender testing at the 2nd Conference on Law, Policy and the Olympic Movement. The conference, hosted by Ithaca College London Centre, will be held May 18 through 20 in London, site of the 2012 summer games.
Saleem wrote his comment, “The Olympic Meddle: The International Olympic Committee’s Intrusion of Athletes’ Privacy Through the Discriminatory Practice of Gender Verification Testing” for The John Marshall Journal of Computer and Information Law (JCIL). Professor Joanne Hodge encouraged Saleem to submit his paper for international review. “I was searching for a privacy issue for my comment for JCIL when I learned about Caster Semenya, a South African runner who was going to be stripped of her medals after other competitors complained about her stature,” Saleem said.
Semenya was raised as a girl and competed in women’s races. After she won the 800 meters at the 2009 World Championships in Berlin, the International Association of Athletics Federation (IAAF) insisted Semenya be gender tested. The results showed that she was an intersexed individual who carries attributes of both sexes.
Saleem said he couldn’t believe it when the media revealed the test findings before Semenya and her coaches were informed of the outcome. “I felt she was being discriminated against,” Saleem said. “And worst of all, there was no appeal for her. I feel like I’m her advocate. It kind of took
me on a journey with her.”
The IAAF has since allowed Semenya to compete as a woman, and lether Berlin win stand. She is preparing for competition in the 2012 Olympics1500-meter race. In his paper, Saleem proposes that the gender verification rule should be abolished. The test was put in place to avoid males “from masquerading as females.” If it cannot be abolished, Saleem proposes it meet international standards.
For example, if Semenya were to be a South African Olympian, her case would go to arbitration under the control of the International Olympic Committee. Rather, the case could go to arbitration and could be appealed to the European Court of Human Rights. And, Saleem adds, confidentiality rules “need to explicitly restrict the IAAF and the International Olympic Committee from disclosing unauthorized information of athlete investigations.”