SAHRC to join Semenya case against World Athletics

The South African Human Rights Commission (SAHRC) has been granted leave to intervene in the matter between Olympic gold medallist Caster Semenya and World Athletics.

The decision was made by the European Court of Human Rights after the SAHRC applied to be recognised as a third party in the matter.

Caster Semenya lodged an application with the European Court of Human Rights on 18 February 2021 challenging regulations issued by World Athletics, formerly known as International Association of Athletics Federations (IAAF), which requires her to lower her natural testosterone levels through hormone treatment to be eligible to compete as a woman in international sporting events.

Speaking in a virtual media briefing Commissioner Andre Gaum said the SAHRC will make written submissions to the European Court of Human Rights by 12 October.

“This is the first time that the Commission is involved in human rights litigation in an international forum, and the first known occasion that the ECtHR has granted leave to intervene to an African human rights institution. Semenya’s challenge is grounded in various rights enshrined in the European Convention on Human Rights.”

“The Commission sought leave to intervene in the matter to elucidate the adverse impacts of World Athletics’ Differences of Sex Development (DSD) regulations on women from the Global South. In particular, the Commission wishes to make submissions to the ECtHR which demonstrate the discriminatory effect of the regulations on the intersecting grounds of race and gender, and which further show how the impugned regulations breach Article 14.”

Semenya won the gold medal in the women’s 800 meters at the Olympic Games in London in 2012) and Rio in 2016 and is also a three-time world champion in the discipline.

The commission is represented by a legal team from South Africa, France, and the United Kingdom.

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