The European Court of Human Rights has ruled in favour of double 800m Olympic champion Caster Semenya in a case related to testosterone levels in female athletes, after a long-running dispute with World Athletics by the South African athlete.
The three-times 800m world champion and 800m and 1 500m Commonwealth champion (32), was born with differences of sexual development (DSD) and is not allowed to compete in any track events without taking testosterone-reducing drugs, reports BBC News.
Regulations requiring her to have hormone treatment were introduced by the governing body in 2018. Semenya has twice failed in legal battles to overturn the decision.
However, the case at the ECHR was not against sporting bodies or DSD rules – but specifically against the Government of Switzerland for not protecting Semenya’s rights and dates back to a Swiss Supreme Court ruling three years ago.
In a judgement last week, the ECHR found the Swiss Government did not protect Semenya from being discriminated against when its Supreme Court refused to overturn a decision by the Court of Arbitration for Sport (Cas), which upheld the World Athletics rules.
Cas has previously ruled that testosterone rules for athletes like Semenya were discriminatory – but that the discrimination was “necessary, reasonable and proportionate” to protect “the integrity of female athletics”.
While the judgment would appear to vindicate Semenya’s long-held view that she has suffered discrimination, it’s uncertain if or how the court’s decision will affect the current restrictions on DSD athletes.
World Athletics has doubled down on its position in its efforts to protect fair competition in the female category, and is also keen for the Swiss courts to challenge the ECHR verdict.
There is a three-month window to lodge an appeal. In terms of competing – if that’s what she wants – that leaves Semenya in a similar position to where she was before the ECHR ruling, unless she takes medication to suppress her testosterone or World Athletics is forced to change its position on DSD athletes, and it’s not clear how that could happen.
As it stands, she still cannot compete in female track events.
World Athletics said: “We remain of the view that the DSD regulations are a necessary, reasonable and proportionate means of protecting fair competition in the female category.”
Background on DSD rules
Under regulations introduced in 2018, athletes with DSD were only allowed to compete in track events between 400m and the mile if they reduced their testosterone levels.
However, in March, World Athletics ruled that DSD athletes must now have hormone-suppressing treatment for six months before being eligible to compete in all events.
Semenya ran in the 5 000m at last year’s World Championships in Oregon but failed to qualify for the final.
She has argued that taking testosterone-reducing medication could endanger her health and that the ruling denied her and other athletes with DSD the right to rely on their natural abilities.
Because of the ruling, she could not defend her 800m title at the Tokyo Olympics, which took place a year later than planned in 2021.
Semenya, who has always been legally identified as female, has said she should be able to compete in women’s events even if her testosterone levels are higher than her competitors.
BBC article – Caster Semenya wins appeal at European Court of Human Rights (Open access)
See more from MedicalBrief archives:
Semenya: Correction to critical testosterone study raises appeal hopes
Semenya loses appeal against testosterone reduction
Semenya row: Study shows testosterone boosts female athletic performance
Trans women in female sports: Fairness and inclusion can’t always be balanced