A top European court on Thursday found that South African Olympic champion Caster Semenya was denied a fair trial by the Swiss judicial system in her fight against testosterone regulations imposed by World Athletics. The Grand Chamber of the European Court of Human Rights (ECHR) ruled that the Swiss Federal Tribunal had failed to properly assess Semenya’s appeal, which challenged the requirement for her to medically lower her testosterone levels in order to compete as a woman.
Background: The DSD Rules and Semenya’s Exclusion
Semenya, a two-time Olympic gold medallist in the 800 metres, is classified as an athlete with differences in sexual development (DSD). Since 2018, she has been barred from competing in her preferred event after refusing to take hormone-suppressing drugs. Under World Athletics regulations, DSD athletes must reduce their natural testosterone levels to below 2.5 nmol/L for at least six months to be eligible for certain women’s races. The policy can be enforced medically or surgically, something Semenya has consistently opposed.
The ECHR found that the Swiss Federal Court’s review of Semenya’s appeal did not meet the necessary standards of judicial scrutiny, especially given the seriousness of the personal rights at stake. The ruling stated that the federal court’s handling of the matter “fell short” of the level required by the European Convention on Human Rights. As a result, the court awarded Semenya €80,000 (approximately R1.6 million) to cover her legal expenses.
Hopes for a Discrimination Ruling Denied
While Semenya had also asked the court to confirm that she was a victim of discrimination, the Grand Chamber deemed those complaints inadmissible, citing jurisdictional limitations with regard to Switzerland. Still, the court’s finding that she had not received a fair trial marks an important procedural victory and lends weight to criticisms of the testosterone policy.
Semenya has fought the regulations across multiple legal arenas. In 2019, the Court of Arbitration for Sport (CAS), based in Lausanne, ruled against her, stating that elevated testosterone levels provided an “insurmountable advantage” in women’s competitions. This decision was upheld by the Swiss Federal Tribunal in 2020. The ECHR, however, noted that the issue deserved “rigorous judicial review,” which it found lacking in the Swiss court’s handling of the matter.
Not a Return to the Track—But a Symbolic Win
Although the ECHR’s ruling does not overturn World Athletics’ regulations or permit Semenya to return to the 800m event without undergoing treatment, it represents a symbolic and procedural win in her ongoing fight for justice. The previous 2023 ECHR decision had also found her to be a victim of discrimination, but it did not alter the sporting body’s rules. Swiss authorities, backed by World Athletics, appealed that decision to the Grand Chamber, leading to the current judgment.
Caster Semenya’s Commitment to Advocacy
Now 34 and no longer competing professionally, Semenya has taken up coaching but remains resolute in her mission to defend athletes with DSD. “I may be off the track, but this fight is bigger than me,” she said, emphasizing her continued push for fairness and equality in sport.
While the ruling does not change current regulations, it underscores the need for fair and thorough judicial oversight when the fundamental rights of athletes are involved. For Semenya and other affected athletes, the decision may open doors for further challenges and encourage greater scrutiny of how sports governing bodies handle gender and biology in competition.
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