Caster Semenya wins appeal at European Court of Human Rights

South African athlete was discriminated against by rules that forced her to lower her testosterone levels, according to a judgement from the ECHR

The European Court of Human Rights has ruled in favour of Caster Semenya in her appeal against World Athletics’ rules relating to testosterone levels.

Semenya has been unable to compete at her best distance of 800m since the introduction of limits by the global governing body on testosterone levels which would have forced her to use medication. Legal challenges in the past to the Court of Arbitration for Sport and the Swiss Federal Supreme Court were rejected, but the ECHR says her human rights have been violated.

In a judgement published on Tuesday (July 11), the ECHR found the Swiss government did not protect the athlete from being discriminated against when its Supreme Court refused to overturn a decision by the Court of Arbitration for Sport which upheld World Athletics’ rules governing the participation of athletes with DSD.

The 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.”

Semenya argued that taking medication could put her health in danger and that the ruling, which prevented her defending her Olympic 800m title in 2021, denied athletes with DSD the right to rely on their natural abilities.

World Athletics says in reaction to the decision that its rules will remain in place, although the ECHR’s decision could force CAS and World Athletics to re-examine the regulations.

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