Human rights court rules Olympic champion runner Semenya did not get fair hearing
Context:
Caster Semenya, a two-time Olympic champion runner, achieved a partial victory at the European Court of Human Rights regarding track and field’s sex eligibility rules. The court ruled that her rights to a fair hearing were violated at Switzerland’s Supreme Court, and her case will return to the Swiss federal court in Lausanne. The case centers on whether athletes with naturally high testosterone levels, like Semenya, should compete freely in women's sports. Although the court awarded her compensation for costs, it did not alter the World Athletics rules that ended her 800-meter career. These rules, which require athletes with Differences in Sex Development to suppress testosterone, were upheld by a previous ruling as necessary to maintain fairness in women’s sports.
Dive Deeper:
Caster Semenya's legal battle began seven years ago when she challenged track and field's sex eligibility rules that impacted her ability to compete in women's sports due to her natural testosterone levels.
The European Court of Human Rights ruled in a 15-2 decision that Semenya's rights were violated at Switzerland's Supreme Court, leading to a partial victory and her case being sent back to the Swiss federal court.
The original dispute with World Athletics questioned if athletes like Semenya, who have a typical male chromosome pattern and high testosterone levels, should be allowed to compete in women’s sports without restrictions.
Despite awarding her 80,000 euros for costs and expenses, the human rights court did not overturn the rules set by World Athletics that have significantly affected Semenya's career, particularly her ability to compete in the 800 meters.
These rules, implemented in 2018, require athletes with Differences in Sex Development to lower their testosterone levels to qualify for international women's events, which was deemed necessary for fairness by a previous court ruling.
Semenya's last competitive race in the 800 meters was in 2019, extending her winning streak despite the rules making her ineligible, and she has since transitioned to coaching while continuing her legal fight.
The ruling may have broader implications as other sports organizations may need to reevaluate their own eligibility rules following the European Court's decision regarding Semenya's case.