The European Court of Human Rights (ECHR) has ruled that Switzerland didn’t give South African Olympic gold medalist Caster Semenya a fair chance to challenge the World Athletics regulations requiring her to undergo hormone treatment to compete in women’s events.
The two-time Olympic 800m champion Caster Semenya won a partial victory at the ECHR in Strasbourg, France on Thursday in her seven-year legal fight against track and field’s sex eligibility rules.
The court’s 17-judge highest chamber ruled in a 15-2 vote that Semenya had rights to a fair hearing violated at Switzerland’s Supreme Court, where she appealed against a Court of Arbitration for Sport ruling favouring World Athletics.
However, the court declined ruling on other aspects of Semenya’s case, including whether she faced discrimination in Swiss courts. The ECHR said these issues were outside Switzerland’s jurisdiction, although four of the 17 judges partially dissented from the majority view. The case will now return to the Swiss federal court in Lausanne.
World Athletics, under the leadership of President Sebastian Coe, asserts that its regulations ensure fairness because Semenya possesses an unfair athletic edge similar to males due to her elevated testosterone levels.
The 34-year-old, who have now moved into coaching, argues that her testosterone level is a natural genetic advantage.
Reacting to the news, Athletics South Africa (ASA) issued a press statement reiterating their continued support for Semenya in her fight against discrimination in the sport.
“ASA has taken note of the very important decision handed down by the Grand Chamber of the European Court of Human Rights (ECHR) in relation to our star and world-respected athlete, Caster Semenya’s challenge for her right to compete in elite female races at athletics events, both locally and abroad,” Athletics South Africa said in a statement.
“The ASA has continuously challenged the DSD regulations since they were originally implemented by World Athletics, as they were designed to compel all elite female athletes to reduce their testosterone levels in order to participate in international events.
“The ASA’s South African legal team, with the assistance of their international colleagues from the UK, also filed submissions with the ECHR challenging the legality of the DSD regulations.
“While we welcome the favourable decision, it is unfortunate that the ECHR has not pronounced the validity of the regulations. In the same breath, the ASA welcomes the criticism of the ECHR levelled against the exclusive and mandatory jurisdiction of the Court of Arbitration for Sport to solely adjudicate on sporting disputes without the appropriate checks and balances to protect the human rights of all affected athletes.
“The ECHR was also very critical of the Swiss Federal Supreme Court for not properly interrogating the World Athletics DSD policy and failing to make a determination on it by simply testing the policy against whether it was compatible with Swiss public policy without carrying out a rigorous examination of Semenya’s case.
“ASA laments the fact that the judgment may not be accepted by World Athletics, who are expected to continue implementing the DSD regulations, but ASA maintains that it will welcome the reform of the Court of Arbitration for Sport to embrace human rights principles.
“With all that said, ASA would like to congratulate all parties, including its legal team that included international legal experts, its medical team, and all those persons, including global icons and various institutions, for their tireless work over the years in supporting its opposition to these highly controversial DSD regulations.”
“The ASA will continue to support all attempts to eradicate all forms of inhumane conduct against all athletes, irrespective of where it comes from,” the statement concluded.
