South African Olympic champion Caster Semenya secured a partial but significant legal victory on Thursday, 11th July, at the European Court of Human Rights (ECHR), marking a pivotal moment in her protracted seven-year legal challenge against sex eligibility rules in international athletics.
In a 15-2 majority decision, the court’s highest chamber ruled that Semenya’s right to a fair hearing had been violated by the Swiss Supreme Court, which had earlier upheld a verdict by the Court of Arbitration for Sport (CAS) in favour of World Athletics. The ECHR found that the Swiss Federal Court had failed to conduct the “rigorous judicial review” required, especially as Semenya had no alternative but to submit to the CAS’s “mandatory and exclusive jurisdiction.”
The ruling does not overturn World Athletics’ current regulations but orders that Semenya’s case be reconsidered by the Swiss court in Lausanne. This development could influence other sports bodies currently reviewing or implementing sex eligibility rules for women’s events.
The Strasbourg-based court awarded Semenya €80,000 (approximately USD $94,000) in costs and expenses but dismissed other elements of her appeal, stating she did not fall within Switzerland’s jurisdiction on those specific complaints. Despite the partial nature of the ruling, human rights observers consider the decision a significant procedural win for the athlete and others similarly affected.
Semenya, a two-time Olympic gold medallist and three-time world champion in the 800 metres, has long challenged World Athletics’ 2018 regulations requiring female athletes with Differences in Sex Development (DSDs) to artificially reduce their naturally high testosterone levels in order to compete in women’s events. These rules effectively sidelined her from her speciality event, the 800m, after dominating the global stage since 2009.
World Athletics, led by President Sebastian Coe, has argued that the rules ensure fairness in women’s competition by mitigating what it claims is a male-like competitive advantage resulting from elevated testosterone. Semenya, on the other hand, has consistently maintained that her testosterone levels are a natural trait and should not exclude her from competing as a woman.
Neither the International Olympic Committee (IOC) nor World Athletics issued immediate responses following the ECHR’s judgment.
This is the second legal win for Semenya at the European Court. In 2023, the same court determined that she had faced discrimination, paving the way for Thursday’s verdict, which now increases pressure on Switzerland’s judiciary to re-examine her challenge in full. The 2019 CAS ruling, upheld by the Swiss Supreme Court, controversially found that discrimination against Semenya was “necessary, reasonable and proportionate” to preserve fairness in women’s sport.
The broader implications of the decision are expected to be closely watched by global sporting organisations as debates over gender, biology, and fairness in competition continue to evolve.
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