Semenya found to have been discriminated against by Swiss courts

A ruling by the European Court of Human Rights has found in favour of athlete Caster Semenya on her complaint of discrimination by the Swiss courts. The decision, however, does not allow her to return to her preferred event, the 800m, without complying with World Athletics' rules. The ruling confirms violations of the European Convention on Human Rights against her. These relate specifically to the dismissal of her case by the Swiss courts, to which she had turned after a 2020 decision by the Court of Arbitration for Sport (CAS) upholding the regulations of the international athletics federation.

The rule states that hyperandrogenic athletes must undergo hormone treatment to reduce their testosterone levels in order to compete in certain races. The South African has therefore been partially vindicated by the court in the battle she has been fighting since 2019. The ruling covers the following grievances: violations of Articles 14, 8 and 13 (detailed below). The 800m specialist had listed a range of grounds for her appeal: Article 3 (prohibition of inhuman or degrading treatment); 8 (right to respect for private life); 14 (prohibition of discrimination); 6 (right to a fair trial); and 13 (right to an effective remedy).

The Court explained its decision as follows: "The applicant did not receive sufficient institutional and procedural safeguards in Switzerland that would have allowed her to have her complaints effectively examined." It also states that Switzerland (its justice system) "overstepped the narrow margin of appreciation it had in this case, which concerned discrimination based on sex and sex characteristics, and which can only be justified by 'very weighty reasons'."

Read more on the same subject: Athletics: Caster Semenya takes aim at the African Confederation

Semenya determined to carry on the fight

Since 2019, Casper Semenya has been unable to compete in certain races. The reason is that she refuses hormone treatment to lower her testosterone levels. This is a requirement for hyperandrogenic athletes (who have a naturally high level of male sex hormones). The South African athlete was a three-time world champion and two-time Olympic 800m champion before this rule, which she considers unjust. She has been fighting it ever since. This decision is partly a first victory, which she carries on behalf of all women in her position.

She recently spoke of her decision to continue the fight, with an eye on competing at the 2024 Olympics, in an interview with L'Equipe. "I will never tire of fighting for this cause, because this rule is holding back a lot of young African athletes. It makes no sense. I am totally against these rules. Sport has never been fair and never will be. If it were, we would all be the same, with no differences."

BREAKING: Two-time Olympic 800m champion Caster Semenya wins appeal at European Court of Human Rights. pic.twitter.com/wFWIrJRCbu

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