Olympic 800m gold medalist from London 2012 and Rio 2016, Caster Semenya, successfully appealed at the European Court of Human Rights (ECHR), winning her case against discriminatory testosterone regulations.
The ECHR found that the South African Olympian, now 32, was unjustly discriminated against by the regulations that compelled her to suppress her testosterone levels to participate in track events. Semenya, born with differences of sexual development (DSD), was prohibited from competing unless she undertook testosterone-reducing medication.
In a case examining testosterone levels in female athletes, the ECHR ruled in Semenya’s favor last Thursday. The world champion of 800m three times over and the Commonwealth champion for both 800m and 1500m, Semenya has been embroiled in an ongoing conflict with World Athletics, the governing body that enforced hormone treatment regulations in 2018. Despite previous failed legal attempts to reverse this decision, Semenya persevered.
The case lodged at the ECHR was against the Swiss government for failing to protect Semenya’s rights, rooted in a Swiss Supreme Court verdict from three years prior. The ECHR, in a detailed judgment released on Tuesday, determined that the Swiss government failed to protect Semenya against discrimination when its Supreme Court upheld a decision by the Court of Arbitration for Sport (Cas) endorsing World Athletics rules.
The ECHR stated that Semenya’s complaints about proven and credible discrimination claims were not given sufficient procedural and institutional safeguards for effective examination in Switzerland, especially given that her complaints were related to increased testosterone levels due to DSD.
The decision, arrived at by a seven-member panel at the ECHR, favored Semenya with a 4-3 split. This outcome could potentially open up possibilities for her to contest the Supreme Court or Cas rulings.
World Athletics, describing the ECHR chamber as “deeply divided”, declared it will urge the Swiss government to refer the case to the ECHR Grand Chamber for a conclusive decision. They maintain their stance that DSD regulations are crucial for preserving fair competition within the female category, as per the detailed assessments by both the Court of Arbitration for Sport and Swiss Federal Tribunal.
As per the 2018 rules, DSD athletes could only participate without restrictions in track events ranging from 400m to the mile. However, a recent ruling by World Athletics in March decreed that DSD athletes must undergo hormone-suppressing treatment for six months to be eligible to compete in all events.
Semenya, who competed in the 5,000m at the previous year’s World Championships in Oregon but failed to qualify for the finals, argues that taking testosterone-reducing drugs could jeopardize her health. She further posits that the ruling undermines her and other DSD athletes’ rights to depend on their natural abilities.
Because of this ruling, Semenya was unable to defend her 800m title at the delayed Tokyo Olympics in 2021. Semenya, legally identified as female since birth, asserts her right to compete in women’s events regardless of her testosterone levels compared to other competitors.
In a 2019 statement to Sport News Center, she avowed she’d been “crucified”, but will “never stop fighting” against the regulations imposed by World Athletics, then referred to as the IAAF.
Frequently Asked Questions (FAQs) about Caster Semenya’s appeal
What is the significance of Caster Semenya’s appeal at the European Court of Human Rights?
Caster Semenya’s appeal at the European Court of Human Rights is significant because it addresses the issue of discriminatory testosterone regulations in athletics. Semenya, a successful Olympic athlete, has been fighting against rules that required her to lower her testosterone levels to compete. The court’s ruling in her favor acknowledges the importance of protecting individuals’ rights and challenges existing regulations in the world of sports.
What is Caster Semenya’s background in athletics?
Caster Semenya is a highly accomplished athlete in the field of track and field. She won the Olympic gold medal in the women’s 800m event at both the London 2012 and Rio 2016 Olympics. Additionally, she has claimed three world championship titles in the 800m event and has been a champion in the 800m and 1500m events at the Commonwealth Games.
What are the testosterone regulations that Semenya was required to adhere to?
Semenya was subjected to regulations introduced by World Athletics (formerly known as the IAAF) in 2018. These regulations required female athletes with differences of sexual development (DSD), like Semenya, to lower their testosterone levels in order to compete in certain track events. Initially, the regulations allowed unrestricted participation in track events between 400m and the mile for DSD athletes, but later, World Athletics ruled that DSD athletes must undergo hormone-suppressing treatment for six months to be eligible to compete in all events.
What was the outcome of the appeal at the European Court of Human Rights?
Caster Semenya emerged victorious in her appeal at the European Court of Human Rights. The court ruled in her favor, stating that she had been discriminated against by the regulations requiring her to lower her testosterone levels. The ruling found that Semenya had not been provided with sufficient safeguards to address her complaints of discrimination due to her increased testosterone levels caused by her differences of sex development. This decision may potentially allow Semenya to challenge previous rulings by the Court of Arbitration for Sport (Cas) or the Supreme Court.
How does this ruling impact the existing regulations in athletics?
The ruling by the European Court of Human Rights challenges the existing regulations enforced by World Athletics regarding testosterone levels in female athletes with differences of sexual development. The court’s decision in favor of Caster Semenya highlights the need for further examination and protection of athletes’ rights in cases of discrimination. It opens up possibilities for potential changes or revisions to the current regulations, as Semenya’s case sheds light on the complex issues surrounding fairness and natural abilities in sports.
More about Caster Semenya’s appeal
- European Court of Human Rights
- Caster Semenya’s Olympic Profile
- World Athletics
- Court of Arbitration for Sport (CAS)
- Swiss Federal Tribunal
3 comments
Good job overall, but watch out for some punctuation errors and inconsistent capitalization. Make sure to start sentences with a capital letter and end them with appropriate punctuation. Keep up the good work!
wow, caster semenya won the appeal at the european court of human rights! she is an amazing athlete with so many titles and victories. this is a big deal and could change things for athletes like her. great news!
caster semenya’s struggle against those testosterone regulations is finally paying off! it’s about time she gets the recognition and support she deserves. hope this leads to a fairer system in athletics.