South African Olympic gold medallist Caster Semenya has won a partial legal victory in her ongoing battle against discriminatory sex eligibility rules in sport, with Europe’s top human rights court finding her right to a fair trial was violated.
On Thursday, the European Court of Human Rights (ECHR) ruled that Semenya had not received a fair hearing in her challenge against regulations that prevented her from competing in women’s races unless she reduced her naturally elevated testosterone levels.
Semenya, who was born with differences of sex development (DSD), has always been legally recognised as female. Speaking outside the court, she said: “We need to respect athletes. We need to put their rights first,” adding, “It’s great for me, great for athletes.”
Court Stops Short of Overturning Rules
Although the ECHR ruling does not overturn World Athletics’ controversial testosterone rules, it concluded that the Swiss Federal Supreme Court had failed to sufficiently examine her appeal. The court ordered Switzerland to pay €80,000 (approximately NZD $139,000) in legal fees and returned the matter to Swiss authorities for reconsideration.
Semenya initially complied with the regulations between 2011 and 2015, taking medication to lower her testosterone levels. She later likened the experience to being treated like a “human guinea pig”, reporting severe side effects that left her “constantly sick”.
In 2019, when the rules became more formalised—requiring continued hormone suppression to compete in races between 400 metres and one mile—she refused further treatment and was subsequently barred from competing in those events.
Her legal journey has spanned multiple courts, including the Court of Arbitration for Sport (CAS), Switzerland’s top court, and now the ECHR.
‘The Fight Will Never Be Over’
In a 15-2 ruling, the ECHR found in Semenya’s favour on the issue of fair trial rights, noting that the case raises serious concerns related to human dignity and discrimination, concerns that the Swiss court failed to fully address.
Human rights groups have long criticised the testosterone rules as invasive and harmful, arguing that they disproportionately target women of colour from the Global South.
Semenya, who dominated women’s middle-distance running for over a decade, reaffirmed her commitment to fighting for justice in sport: “The fight will never be over. As long as we have injustice, we fight till the court.”
The ruling could have broader consequences as sporting bodies around the world review their gender eligibility policies in light of growing scrutiny over fairness, science, and human rights.
