South African athlete Caster Semenya, 32, has achieved a significant milestone in her long-standing battle with World Athletics as the European Court of Human Rights (ECHR) ruled in her favour.
Unpacking what the European Court of Human Rights ruling means for Caster Semenya
Semenya, who was born with differences in sexual development (DSD), has been barred from competing in events between 400m and a mile without undergoing testosterone-reducing treatment.
Since the introduction of regulations in 2018 mandating hormone treatment to lower her natural testosterone levels, Semenya has been embroiled in a legal dispute with the governing body.
Despite two previous unsuccessful attempts to challenge the decision, she persisted in her fight for justice.
The case presented before the ECHR was against the Swiss government, stemming from a ruling by the Swiss Supreme Court three years ago.
In a comprehensive judgement released on Tuesday, the ECHR found that the Swiss government had failed to safeguard Semenya from discrimination when the Supreme Court upheld the Court of Arbitration for Sport’s (CAS) decision affirming World Athletics’ regulations concerning athletes with DSD.
Semenya argued that undergoing testosterone-reducing medication could pose health risks and that the ruling infringed upon her rights and the rights of other athletes with DSD to compete based on their natural abilities.
This groundbreaking ruling carries profound implications for Semenya’s future in athletics and sets a precedent in the ongoing debate surrounding eligibility criteria for female athletes with naturally high testosterone levels.
The decision acknowledges the need for protection against discrimination and highlights the potential harm caused by the requirement to alter natural hormone levels.
As a result of the previous regulations, Semenya was unable to defend her 800m title at the Tokyo Olympics, which were postponed to 2021 due to the global pandemic.
However, this ruling opens up possibilities for her future participation and may have far-reaching consequences for the inclusivity and fairness of sports regulations.
