Semenya welcomes ECHR ruling as a victory for athlete rights

Semenya welcomes ECHR ruling as a victory for athlete rights

Double Olympic champion Caster Semenya has welcomed Thursday’s ruling by the European Court of Human Rights (ECHR), saying it marks a significant step forward in protecting athletes’ rights globally.

Caster Semenya
Frederick FLORIN / AFP

The ECHR's Grand Chamber found that Switzerland failed to provide Semenya with a fair trial during her long-running legal battle against World Athletics' gender regulations — rules that require certain female athletes to reduce their natural testosterone levels to compete.

Speaking shortly after the judgment, Semenya expressed satisfaction with the court’s decision and optimism for the future.

"I’m a very positive person. Obviously, the outcome was great for me, great for the athletes, the most important part about this is that we remain victorious, we stay focused, we stay up all the time, and we make sure that athletes are protected."

Semenya, 34, has been barred from competing in her preferred 800m event since 2018 after refusing to take medication to lower her testosterone levels.

Thursday's ruling does not overturn the World Athletics regulations nor allow her to immediately return to competition, but it does reinforce the principle that her case was mishandled by the Swiss judiciary.

"The team is excited, they’re happy, so we are fulfilled. We’re just looking forward to a great future," she added.

Legal and human rights experts say the judgment could have broader implications for how gender-related cases in sport are reviewed in European and global courts.

The ECHR concluded that the Swiss Federal Court failed to carry out a "rigorous judicial review" in Semenya’s challenge against the Court of Arbitration for Sport’s (CAS) 2019 ruling, which sided with World Athletics.

While the court deemed some of Semenya’s discrimination claims inadmissible, citing jurisdictional limits, it ordered Switzerland to pay her €80,000 in legal expenses — a symbolic yet pointed rebuke to the way her case was handled.

The victory adds to Semenya’s long fight against regulations she has consistently labelled invasive and dehumanising.

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