Double Olympic gold medallist Caster Semenya has achieved a significant legal victory after the European Court of Human Rights ruled that Swiss courts failed to provide her with a fair trial in her challenge against World Athletics’ controversial testosterone regulations.
The European Court of Human Rights (ECHR) delivered its final ruling on Thursday (10 July), determining that the Swiss judiciary violated Semenya’s right to fair proceedings when she contested rules forcing female athletes to lower their natural testosterone levels to compete in women’s categories.
Switzerland ordered to pay Semenya €80 000 in legal costs
The court’s Grand Chamber ordered Switzerland to compensate the South African runner €80 000 (R 1 658 320) for legal expenses, marking a partial victory in her years-long battle against World Athletics’ testosterone regulations.
However, the ECHR stopped short of ruling on whether Semenya suffered discrimination, stating it could not determine this aspect of her case due to jurisdictional limitations.
Semenya calls ruling a “positive outcome” for athletes’ rights
Speaking to journalists following the decision, the 34-year-old Olympic champion described the ruling as vindication for athletes’ fundamental rights.
“We need to respect athletes, we need to put their rights first,” said Semenya, who won Olympic 800m gold in both 2012 and 2016, along with world championships in 2009, 2011, and 2017.
The ruling serves as “a reminder to leaders that priorities lie in the protection of athletes,” she emphasized.
The legal marathon: Semenya’s six-year battle against testosterone rules
Semenya has been barred from competing in her preferred 800m category since 2018, when World Athletics introduced regulations requiring female athletes with differences in sexual development (DSD) to reduce their natural testosterone levels through medication.
The South African athlete, who is legally identified as female and classified as having DSD, refused to take hormone-suppressing drugs, effectively ending her elite competition career.
Her legal challenge suffered setbacks when: – The Court of Arbitration for Sport ruled against her in 2019 – The Swiss Federal Court upheld that decision in 2020, determining that testosterone levels comparable to men gave female athletes “an insurmountable advantage”
What the ECHR ruling means for future gender testing in sport
The court’s decision comes at a crucial time for international sport, as the International Olympic Committee considers reintroducing gender testing protocols following controversy during the 2024 Paris Olympics.
Several major sporting organizations have already implemented new testing measures: – World Athletics: Adopted chromosomal testing using cheek swabs – World Boxing: Introduced similar Y-chromosome screening – World Aquatics: Implemented testing policies in 2023
Expert analysis: Implications for sports law and athlete rights
Sports law expert Seema Patel noted that while “the Grand Chamber didn’t go far enough to recognise all violations in this case,” the ruling sends “an alert to sport that convention rights must be respected.”
Legal scholar Antoine Duval suggested the ECHR’s judgment implies World Athletics’ testosterone rule may be disproportionate, potentially “encouraging intersex athletes affected by these rules to go before the Court of Arbitration for Sport and relaunch the debate.”
Understanding differences in sexual development (DSD)
Differences in sexual development encompass various rare conditions affecting genes, hormones, and reproductive organs, occurring in approximately one in 1,000 to 4,500 births.
Semenya was born with 46 XY chromosomes, rather than the XX chromosomes typical in women. She underwent mandatory gender testing before her breakthrough 2009 world championship victory at age 18.
While men naturally produce approximately 20 times more testosterone than women, the exact performance advantage this hormone provides remains scientifically contested.
Critics, including Human Rights Watch, argue the current regulations are “degrading and invasive” and lack sufficient scientific backing.
Paris Olympics controversy reignites gender testing debate
The gender testing discussion intensified during the 2024 Paris Olympics, particularly around Algerian boxing champion Imane Khelif, whose participation sparked international debate involving high-profile figures including Donald Trump and author J.K. Rowling.
While Thursday’s ECHR ruling represents a legal victory for Semenya, it does not immediately clear her path back to competitive athletics. The decision primarily addresses procedural fairness rather than the substance of World Athletics’ testosterone regulations.
The ruling may, however, strengthen future legal challenges to gender testing policies and encourage sports governing bodies to reconsider their approaches to inclusion and fairness in women’s competition.
