Caster Semenya: South African double Olympic champion wins partial victory at European Court of Human Rights in her long legal battle over athletics' sex eligibility rules.
Context:
Caster Semenya, a two-time Olympic 800m champion, has had her right to a fair hearing violated by the Swiss Federal Supreme Court, according to a ruling by the European Court of Human Rights (ECHR). Semenya, who was born with differences of sexual development (DSD), has been unable to compete in the 800m since 2019 when World Athletics imposed restrictions on testosterone levels for certain track events. The ECHR found that the Swiss ruling did not meet the necessary standards of fairness, though it did not address World Athletics' rules directly. Despite this partial victory, the current restrictions on DSD athletes remain unaffected as the case was against Switzerland, not the sporting bodies. Semenya views the ruling as a significant step for athlete protection, highlighting the need for respect and prioritization of athletes' rights in regulatory decisions.
Dive Deeper:
Caster Semenya, a renowned middle-distance runner with two Olympic and three world titles, faced a legal battle over the eligibility rules imposed by World Athletics due to her DSD condition, which affects her testosterone levels.
The European Court of Human Rights ruled that the Swiss Federal Supreme Court violated Semenya's right to a fair hearing, as the court's decision in 2023 did not meet the required standards of rigor under the European Convention on Human Rights.
Semenya's inability to compete in events from 400m to a mile has been due to World Athletics' 2019 regulations, which require athletes with DSD to lower their testosterone levels to compete, a rule she challenged unsuccessfully at the Court of Arbitration for Sport in 2019.
While the ECHR's ruling is a partial victory for Semenya, it does not immediately change the restrictions on DSD athletes, as the case was primarily against Switzerland's lack of protection for her rights, rather than challenging the rules themselves.
Semenya, who has been open about her condition and the challenges it presents, sees the ruling as a reminder to sports authorities about the importance of athlete protection and the prioritization of their rights in regulatory frameworks.