Olympic champion Caster Semenya has won a significant legal victory at the European Court of Human Rights (ECHR), which ruled that her right to a fair hearing was violated by the Swiss Federal Supreme Court in 2020.
The South African middle-distance runner had appealed against World Athletics’ regulations that barred her from competing in the 800m event unless she reduced her natural testosterone levels. The controversial rules, first introduced in 2019, target athletes with differences of sexual development (DSD), like Semenya.
While the ruling by the ECHR’s Grand Chamber does not directly overturn the current eligibility rules set by World Athletics, it found that Switzerland failed to properly safeguard Semenya’s rights under Article 6 of the European Convention on Human Rights — the right to a fair trial.
The court said the Swiss review of her case “had fallen short” of the rigour required in such matters. However, complaints related to discrimination and private life were ruled inadmissible as they did not fall within the court’s jurisdiction over Switzerland.
Now 34, Semenya had taken her case to the ECHR after exhausting all legal options within Switzerland, including a failed appeal at the Court of Arbitration for Sport (CAS) and a rejection by the Swiss Supreme Court.
In reaction to the verdict, Semenya called the ruling “great for me, great for athletes,” adding that “this is a reminder to the leaders [that] athletes need to be protected.”
Semenya’s lawyer, Schona Jolly, said the decision affirms the importance of athletes’ fundamental rights in international sport and signals that “the governance of sport needs to take notice.”
Despite this legal victory, the ruling does not automatically change World Athletics’ regulations, which were expanded in 2023 to include all female track and field events. The organisation has not yet commented on the ruling but maintains that DSD athletes gain a significant competitive advantage due to elevated testosterone levels.
World Athletics is reportedly preparing to introduce cheek swab DNA testing to determine if athletes are biologically female — a move likely to further exclude athletes with conditions like Semenya’s.
Although Semenya has transitioned into coaching, the ruling could pave the way for her legal team to bring the case back to the Swiss courts. Whether this leads to policy change remains to be seen, but the decision puts renewed pressure on sporting bodies over gender eligibility rules that critics say are discriminatory.
Semenya, a two-time Olympic and three-time world champion over 800m, dominated women’s middle-distance running between 2009 and 2019 before being sidelined by the testosterone regulations. Her case continues to fuel global debate over fairness, biology, and inclusion in women’s sport.
