Despite winning her case at the European Court of Human Rights, Caster Semenya remains ineligible to compete.
Caster Semenya will not be coming back to the track anytime soon, despite the current ruling by the European Court of Human Rights (ECHR).
The two-time Olympic 800m champion has been unable to compete since 2019, following strict rules from World Athletics concerning the limits of testosterone levels for female athletes.
The athletics governing body further toughened the rules in 2023, affecting athletes with differences of sexual development (DSD).
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The rules stated that the athletes were required to take medication to lower their testosterone levels, but Caster Semenya was not having it.
Semenya raised concerns about the health risks of testosterone-suppressing medication, arguing that athletes with DSD should be allowed to compete without undergoing such treatments.
This forced her to launch a legal challenge against World Athletics in the Swiss Federal Supreme Court and Court of Arbitration for Sport, but she lost the appeal in 2023.
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Why Caster Semenya Will Not Be Returning to Athletics, Just Yet
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In a ruling, the European Court of Human Rights noted that Caster Semenya's right to a fair hearing was violated by the Swiss Federal Supreme Court. The South African has since been awarded €80,000 (£69,000).
The Grand Chamber of the European Court of Human Rights found mishandling in the case but rejected claims of discrimination, lack of effective remedy, and infringement on private life.
However, because the case involves the Swiss government rather than World Athletics, it will not have an immediate impact on the current DSD athlete restrictions.
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“It’s a battle for human rights now. It’s not about competing, it’s about putting athletes’ rights first. It’s about the protection of athletes,” Caster Semenya said as quoted by The Telegraph.
With the ECHR ruling final and not open to appeal, the case may now be referred back to the Swiss federal court.
“This ruling is a watershed moment for sports law,” Yasin Patel, leading sports barrister at Church Court Chambers, said.
“The decision of the ECHR opens the door for the regulations that have governed women’s categories across athletics and potentially swimming and football to be struck down.
“Sports federations and the IOC have their hands tied, they must lead a rapid, legally compliant rethink or risk having regulations struck down."
He added that for Caster Semenya, her legal challenge remains alive as her case is set to return to the Swiss federal court, with the next steps expected to be closely monitored by lawyers, athletes, and sporting organisations alike.