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The ECHR upheld a ruling that Caster Semenya’s appeal against World Athletics’ testosterone rules wasn’t properly heard by the Swiss Federal Tribunal. Semenya continues her fight.
Caster Semenya (X)
The Grand Chamber of the European Court of Human Rights (ECHR) on Thursday upheld a 2023 ruling that South African double Olympic 800-metre champion Caster Semenya’s appeal against World Athletics’ regulations had not been adequately heard by the Swiss Federal Tribunal.
Semenya has long opposed World Athletics’ regulations requiring female athletes with differences in sexual development (DSDs) to medically reduce their testosterone levels to compete in certain events. The rules mandate that athletes lower their testosterone to below 2.5 nmol/L for at least six months—through either medical or surgical intervention—before becoming eligible to compete in the female category.
Although the Grand Chamber’s ruling does not overturn these regulations, it provides Semenya with an avenue to continue her legal challenge.
Now 34, Semenya has shifted her focus from competing to coaching but remains committed to the legal battle on behalf of other athletes affected by the rules. She maintains that the regulations are discriminatory and violate fundamental rights.
“It’s a battle for human rights now,” Semenya recently told reporters. “It’s not about competing. It’s about putting athletes’ rights first. It’s about the protection of athletes.”
Privacy Complaint Dismissed
The Grand Chamber ruled Semenya’s claims of violations to her right to privacy and effective legal remedy inadmissible. It also rejected her assertion that she had been a victim of discrimination under these rights.
Semenya previously lost legal challenges to the regulations at the Court of Arbitration for Sport in 2019 and the Swiss Supreme Court in 2020. However, the ECHR’s 2023 decision found that her appeal to the Swiss Federal Tribunal had not received proper judicial consideration.
The Swiss courts, supported by World Athletics, appealed that decision to the ECHR Grand Chamber—an appeal which has now been dismissed.
As a result, Semenya’s case may return to the Swiss judicial system or potentially be re-examined by the Court of Arbitration for Sport.
(With Reuters inputs)
After training in the field of broadcast media, Siddarth, as a sub-editor for News18 Sports, currently dabbles in putting together stories, from across a plethora of sports, onto a digital canvas. His long-term…Read More
After training in the field of broadcast media, Siddarth, as a sub-editor for News18 Sports, currently dabbles in putting together stories, from across a plethora of sports, onto a digital canvas. His long-term… Read More
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