South African Olympian Caster Semenya Wins Ruling at European Court of Human Rights

The European Court of Human Rights (ECHR) ruled on Tuesday that Switzerland had not adequately protected the human rights of Olympic champion Caster Semenya. Semenya, a South African double Olympic 800m champion, has been in a long-running dispute with World Athletics over regulations requiring her to take testosterone-reducing drugs in order to compete.

The ECHR found that Semenya had not been afforded sufficient institutional and procedural safeguards in Switzerland to allow her to have her complaints examined effectively. The court also found that World Athletics' DSD regulations were "a source of discrimination" for Semenya "by the manner in which they were exercised and by their effects".

The decision, made by a panel of seven people at the ECHR, was split 4-3 in favour of Semenya. It is not yet clear what the implications of the ruling will be for Semenya's future in athletics. However, the ruling is a major victory for Semenya and her supporters, and it could have implications for other athletes who have been affected by World Athletics' DSD regulations.

An ECHR statement read: "The court found in particular that the applicant had not been afforded sufficient institutional and procedural safeguards in Switzerland to allow her to have her complaints examined effectively, especially since her complaints concerned substantiated and credible claims of discrimination as a result of her increased testosterone level caused by differences of sex development. The high stakes of the case for the applicant and the narrow margin of appreciation afforded to the respondent State should have led to a thorough Institutional and procedural review, but the applicant had not been able to obtain such a review."

Semenya was born with differences in sexual development (DSD), which means that she naturally produces higher levels of testosterone than women without the condition. World Athletics introduced new rules in 2018 that restricted testosterone levels over distances between 400m and the mile. This meant that Semenya would have required medication in order to compete over her best distances.

Semenya refused to lower her testosterone following the 2019 update to the rules, meaning that she missed the delayed Tokyo Olympics in 2021. She then took her case to the ECHR in 2021, arguing that the government of Switzerland had not protected her human rights.

It is possible that the ruling could lead to changes in the regulations, or that it could allow Semenya to challenge the Swiss Supreme Court or CAS rulings.

The ruling is also likely to be met with mixed reactions, with some people arguing that it is a victory for women's rights, while others argue that it is unfair to athletes with DSD.