Athletics South Africa (ASA) has welcomed the landmark ruling, saying it represents vindication of their long-standing opposition to the DSD regulations implemented by World Athletics.
Two-time Olympic 800m champion Caster Semenya has secured a partial victory in her seven-year legal battle against World Athletics’ controversial sex eligibility rules, after the European Court of Human Rights (ECHR) ruled that Switzerland failed to give the South African athlete a fair chance to challenge the regulations.
The Grand Chamber of the European Court of Human Rights delivered its decision on Thursday, finding that Swiss courts did not properly examine Semenya’s case against the Differences of Sexual Development (DSD) regulations that require certain female athletes to undergo hormone treatment to compete in women’s events.
ASA welcomes decision, calls for reform
“All along ASA has continuously challenged the DSD regulations since they were originally implemented by World Athletics as they were designed to compel all elite female athletes to reduce their testosterone levels in order to participate at international events,” the organisation stated.
ASA’s legal team, working alongside international colleagues from the UK, had filed submissions with the ECHR challenging the legality of the DSD regulations.
While celebrating the favorable decision, ASA expressed disappointment that the ECHR did not pronounce on the validity of the regulations themselves. However, the organization welcomed the court’s criticism of the Court of Arbitration for Sport’s exclusive jurisdiction over sporting disputes.
“ASA welcomes the criticism of the ECHR levelled against the exclusive and mandatory jurisdiction of the Court of Arbitration for Sport to solely adjudicate on sporting disputes without the appropriate checks and balances to protect the human rights of all affected athletes,” the statement read.
The court was particularly critical of the Swiss Federal Supreme Court’s handling of the case, noting it failed to carry out a rigorous examination of Semenya’s challenge and simply tested the policy against Swiss public policy compatibility.
Semenya: “My patience has been rewarded”
The 34-year-old athlete, who has transitioned into coaching, expressed satisfaction with the ruling while emphasizing that her fight transcends personal ambition.
“Today, my patience in this journey has been rewarded with a result that will pave the way for all athletes’ human rights to be protected,” Semenya said in a statement following the decision.
The Olympic champion made clear that her continued legal battle represents a matter of principle rather than personal sporting aspirations.
“I have given up what I wanted in the hope that others may have what they need,” Semenya declared. “I hope this victory will inspire young women to be and to accept themselves in all their diversity.”
Ongoing challenges and future outlook
Despite the partial victory, ASA acknowledges that World Athletics may not accept the judgment and could continue implementing the DSD regulations. However, the organisation remains committed to supporting reform efforts.
“ASA laments the fact that the judgment may not be accepted by World Athletics who are expected to continue implementing the DSD regulations, but ASA maintains that it will welcome the reform of the Court of Arbitration for Sport to embrace human rights principles,” the statement continued.
ASA extended congratulations to all parties involved in the lengthy legal process, including their international legal experts, medical team, and various global supporters who have opposed the controversial regulations.
“ASA will continue supporting all attempts to eradicate all forms of inhumane conduct against all athletes irrespective where it comes from,” the organization concluded.
The case represents a significant moment in the ongoing debate over sex eligibility rules in athletics, with implications extending far beyond Semenya’s individual circumstances to affect how sports governing bodies approach human rights considerations in their regulatory frameworks.
