sports policy
Human Rights Court: Olympic champion Semenya discriminated against
Caster Semenya has won an appeal in the European Court of Human Rights against the World Athletics Federation’s testosterone regulations. photo
© Michael Kappeler/dpa
Runner Caster Semenya has been fighting the World Athletics Federation for years. It’s about too high testosterone levels and thus probable advantages. Now a court has agreed.
The two-time Olympic champion Caster Semenya has achieved victory in his fight against the World Athletics Federation’s testosterone regulations. The runner from South Africa won her appeal to the European Court of Human Rights (ECtHR).
The judges in Strasbourg found several human rights violations, the 32-year-old had been discriminated against. Semenya had previously unsuccessfully sued the International Sports Court Cas and the Swiss Federal Supreme Court.
It was initially unclear what effects the judgment would have on the rules in sport. But it could force the Cas to review regulations that require Semenya and other intersex athletes to artificially lower their naturally high testosterone levels in order to compete in the Olympics and World Championships.
Semenya complained about testosterone limit
In November 2018, the world association World Athletics introduced a testosterone limit in certain disciplines for eligibility to participate in the women’s class. On the other hand, the three-time world champion had sued the Cas and the Swiss Federal Court in vain.
Semenya had made it public that she had high natural testosterone levels but refused to submit to the new rules. She didn’t want to undergo any treatment to bring her natural hormone levels below a certain threshold to be able to run the 800 meters.
The ECtHR has now found that Semenya was denied an effective remedy in the court proceedings in Switzerland. She credibly explained why she was being discriminated against because of her elevated testosterone levels. Such discrimination based on gender and sexual characteristics requires “very important reasons” to justify it. With so much at stake for Semenya, her case should have been given more consideration, the judges said.
The European Court of Human Rights, based in Strasbourg, France, is part of the Council of Europe and is independent of the EU. The Council of Europe and the Court of Justice work to protect human rights in the 46 member states.