Caster Semenya continues her battle against discrimination and restrictions in athletics as the ECHR supports her fight for fair treatment.
Semenya’s Legal Victory Highlights Right to Fair Hearing
Semenya’s Legal Victory Highlights Right to Fair Hearing
ECHR Rules Swiss Court Violated Semenya's Rights in Complex Case
Caster Semenya has scored a partial legal victory as the European Court of Human Rights (ECHR) ruled that her right to a fair hearing was violated by the Swiss Federal Supreme Court. This ruling arises from her ongoing legal struggle against World Athletics' regulations that bar her from competing. The double Olympic champion, who is affected by differences of sexual development (DSD), lost her ability to race in the 800 meters after World Athletics implemented rules in 2019, limiting testosterone levels among athletes competing in events from 400 meters to the mile.
Speaking to BBC Sport, Semenya emphasized that the issue transcends competition, framing it as a matter of human rights. "It's about the protection of the athletes," she stated, vowing to advocate for those unable to speak out. World Athletics maintains that these regulations are necessary for fair competition within the female category.
Semenya, who won Olympic gold in the 800m in both 2012 and 2016, previously challenged these restrictions at the Court of Arbitration for Sport in 2019, but was unsuccessful. In July 2023, the ECHR ruled in a case surrounding Switzerland's governmental responsibilities for Semenya's rights, determining that the Swiss ruling did not fulfill the necessary criteria for a fair hearing under Article 6 of the European Convention on Human Rights.
The court's Grand Chamber found shortcomings in the Swiss court's review but ruled Semenya’s complaints regarding Articles 8, 13, and 14 inadmissible, as they fell outside the jurisdiction of Switzerland. As the focus is on the Swiss government rather than World Athletics, immediate changes to the existing rules for DSD athletes are unlikely.
Describing her relief after years of waiting, Semenya expressed her hopes for the future, stating, “I mean, you know, you feel heard, it's a beautiful feeling.” The ruling may allow her case to be revisited by the Swiss federal court, although it could take years before any further developments occur. Her lawyer, Schona Jolly, indicated that this ruling should prompt re-evaluation of athletes' rights within international sports governance.
As Semenya pivots her focus towards advocacy rather than competition, the implications of this ruling extend beyond her personal battle—it raises important questions about fairness, equality, and human rights in sports regulations. World Athletics has yet to comment on the case, but it remains a central topic of discussion as global sporting bodies reassess their policies concerning DSD athletes.
Speaking to BBC Sport, Semenya emphasized that the issue transcends competition, framing it as a matter of human rights. "It's about the protection of the athletes," she stated, vowing to advocate for those unable to speak out. World Athletics maintains that these regulations are necessary for fair competition within the female category.
Semenya, who won Olympic gold in the 800m in both 2012 and 2016, previously challenged these restrictions at the Court of Arbitration for Sport in 2019, but was unsuccessful. In July 2023, the ECHR ruled in a case surrounding Switzerland's governmental responsibilities for Semenya's rights, determining that the Swiss ruling did not fulfill the necessary criteria for a fair hearing under Article 6 of the European Convention on Human Rights.
The court's Grand Chamber found shortcomings in the Swiss court's review but ruled Semenya’s complaints regarding Articles 8, 13, and 14 inadmissible, as they fell outside the jurisdiction of Switzerland. As the focus is on the Swiss government rather than World Athletics, immediate changes to the existing rules for DSD athletes are unlikely.
Describing her relief after years of waiting, Semenya expressed her hopes for the future, stating, “I mean, you know, you feel heard, it's a beautiful feeling.” The ruling may allow her case to be revisited by the Swiss federal court, although it could take years before any further developments occur. Her lawyer, Schona Jolly, indicated that this ruling should prompt re-evaluation of athletes' rights within international sports governance.
As Semenya pivots her focus towards advocacy rather than competition, the implications of this ruling extend beyond her personal battle—it raises important questions about fairness, equality, and human rights in sports regulations. World Athletics has yet to comment on the case, but it remains a central topic of discussion as global sporting bodies reassess their policies concerning DSD athletes.
