Caster Semenya, the two-time Olympic champion in the 800 meters, is celebrating her victory in a discrimination case at the European Court of Human Rights (ECHR). Semenya, who was legally recognized as female at birth but has naturally higher levels of testosterone due to a medical condition, has been unable to compete in her favored distance since 2019 due to testosterone level limits imposed by World Athletics.
Although previous legal challenges at the Court of Arbitration for Sport and the Swiss Federal Court were unsuccessful, the ECHR ruled on Tuesday that Switzerland had not provided Semenya with sufficient safeguards to address her complaints effectively. The court stated that the high stakes involved in Semenya’s case warranted a thorough review of the institutional and procedural aspects.
While the ECHR’s ruling does not overturn the regulations on differences in sex development (DSD), it does validate Semenya’s claims of discrimination. Semenya sees the ruling as a significant step in her ongoing legal battle. In a statement released by her legal team, she expressed her elation at the outcome and her belief that this decision would cast doubt on similar regulations implemented by sporting bodies.
Semenya emphasized that her case was against the Swiss government, not World Athletics itself. However, she hopes that all sports organizations, including World Athletics, will take the ECHR’s statements into consideration and ensure they treat athletes with dignity and respect their human rights.
The seven judges at the ECHR delivered a split decision, with four in favor and three against finding a violation of Semenya’s rights under the European Convention on Human Rights. They also determined that Switzerland had failed to offer Semenya an effective remedy against discrimination.
In response to the ruling, World Athletics defended its regulations, stating that they are necessary, reasonable, and proportionate in protecting fair competition among female athletes. The governing body expressed its hope that the Swiss authorities would refer the matter to the Grand Chamber of the ECHR for a final judgment.
This development in Semenya’s case has significant implications for the future of regulations regarding athletes with DSD. While the judgment does not directly impact her eligibility to compete in the 800 meters, it brings attention to the ongoing debate surrounding fairness in sports and the rights of athletes with naturally higher testosterone levels.
As the legal proceedings continue, it remains to be seen how sporting bodies and national governments will respond to the ECHR’s decision and address the concerns raised about discrimination and athletic regulations. For Caster Semenya, this ruling marks a long-awaited affirmation of her fight for justice, but she believes that it is only the beginning in her quest for equal treatment and respect for all athletes.
