Caster Semenya Wins Human Rights Ruling Over Fair Trial in Athletics Ban Appeal

• The European Court of Human Rights has made a ruling that Caster Semenya’s rights were violated
• Semenya has long believed that World Athletics’ testosterone regulations are discriminatory and unfairly target athletes
• South Africans expressed dissatisfaction with the ruling, which seemingly comes a little too late for Semenya

A top European court has ruled that three-time world champion Caster Semenya was denied the right to a fair trial by the Swiss Federal Supreme Court when she lost her appeal in 2023, which led to her being banned from competing.

The European Court of Human Rights (ECHR) made this ruling on Thursday, giving the South African a slight modicum of hope that she could still win her protracted legal fight over athletics' sex eligibility rules.

Semenya, who has won the Olympic 800m title twice and the world title three times, has been sidelined from running since World Athletics implemented rules in 2019 restricting testosterone levels for track events from 400m up to the mile.

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What is at the centre of the legal dispute?

In her case against the body governing athletics worldwide, she argues that she has been discriminated against, as she is being asked to reduce her testosterone levels in order to be eligible. In their defence, the body maintains that the rules were put in place to protect the female category and ensure fair competition.

A timeline of legal setbacks and triumphs

Semenya's attempts at challenging the World Athletics rules in 2019 failed at the Court of Arbitration for Sport (CAS). Then, in 2023, the ECHR made a ruling in favour of Semenya in a case related to testosterone levels in female athletes.

What does the latest ruling mean for Semenya?

The latest ruling was not against sporting bodies or the rules put in place by them, but rather against Switzerland's government for failing to protect Semenya's rights. It goes back to a Swiss Supreme Court ruling made in 2020.

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In that case, it will not all at once affect the restrictions on DSD athletes like Semenya.

Semenya reacts to the decision

Semenya was nonetheless happy with the outcome and expressed satisfaction that this was a reminder that athletes need to be protected. ECHR decisions are not open to appeal, which means this case will revert to the Swiss Federal Court.

South Africans reacted with dissatisfaction

@Melo_Malebo

"Is she being compensated for her legal fees? Because justice without that is still injustice."

@Ndlombango

"The judgment doesn’t say that she can go back to running though. Or does it?"

@XFactor079

"They already ruined her career"

@SalimoAnne

"✅💪💪💪"

@GombaGuru

"Hayi Hayi ,We thought this one was over wena‼️🔞🤣✊🏿🤷‍♂️"

@visse_ss

"They tried to chemically erase her Blackness ..;now they must live with the shame of losing to the very power they feared."

@Mafa6232

"Kana caster is a woman when it suits/stand to benefit her neh."

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@lurvDayimani

"Wishing her the best ❤️"

Caster Semenya marks seven years of marital bliss

As reported by Briefly News, Two-time Olympic gold medalist Caster Semenya and her wife, Violet Raseboya, recently celebrated their seventh wedding anniversary.

The couple has been one of the premier celeb couples in South Africa, while they also have two adorable children.

Source: Briefly News