A major legal decision just dropped, offering a glimmer of hope for Caster Semenya. The European Court of Human Rights ruled that Swiss courts did not give the South African athlete a fair hearing. This comes after Semenya’s long fight against rules about natural testosterone levels in sports.
Semenya has hyperandrogenism, a condition that means her body naturally produces more testosterone. For seven years, she has been in a legal battle against World Athletics. These rules demand that female athletes with high natural testosterone lower their levels to compete.
The court in Strasbourg, France, sided with Semenya on one key point. They said she did not get a proper review of her appeal by Switzerland’s top court. The decision was almost unanimous, with 15 judges voting for Semenya and two against. This means her case will now go back to the Swiss federal court in Lausanne.
The European court also awarded Semenya 80,000 euros to cover her legal costs. However, they did not rule on her claims of discrimination. A lower court in 2023 had previously said Semenya was a victim of discrimination. But today, the appeals body stated that the first court did not have the power to decide on that specific issue. This particular point is important because a ruling on discrimination could force the Court of Arbitration for Sport (CAS) to look at her case again. CAS had previously supported World Athletics’ rules, which led Semenya to appeal in Switzerland.
Semenya, 34, was present when the ruling was read. She expressed that it was a good outcome. The Olympic champion emphasized that athletes deserve respect, and their rights should come first. She quickly added that her “fight is not over yet.”
Semenya won gold medals in the 800-meter race at the 2012 London Olympics and the 2016 Rio de Janeiro Olympics. Yet, she has been unable to compete in many events since 2018. She refuses to take treatments to lower her natural testosterone. Because of these rules, Semenya was not allowed to defend her title at the Tokyo 2020 Games.