Olympic champion Caster Semenya’s seven-year legal battle against sex eligibility rules in track and field competitions took a partial turn in her favor on Thursday, June 10. The European Court of Human Rights ruled that Semenya had her rights to a fair hearing violated while arguing in front of Switzerland’s Supreme Court.
What was Semenya’s reaction to the ruling?
The European Court’s vote was 15-2 in favor of Semenya, who posted a photo of herself on Instagram from the court chamber with a three-fist emoji caption, symbolizing her fight for justice. The ruling’s main decision determined the Swiss government “had not satisfied the requirement” under Article 6, which is the right to a fair hearing.
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Semenya is a two-time Olympic 800-meter champion and three-time world champion. She dominated the sport for a decade beginning in 2009. In May of 2019, in Doha, Qatar, she won her 30th consecutive race. The legal challenges to her eligibility began the year before that final victory.
The 34-year-old South African, who is now a coach, was born with differences in sexual development, meaning she is considered a “DSD athlete” by the World Athletics Council and other governing bodies. Her medical condition means she has elevated testosterone levels.
Why has Semenya carried on a 7-year legal battle?
Though her career effectively ended when the World Athletics Council banned DSD athletes from competing in 2019, Semenya is still fighting against rules by other governing bodies that require DSD athletes to reduce their natural testosterone levels to be able to compete in female sports. She explained why in an interview with BBC Sport after Thursday’s ruling.
“My role is to correct where I feel or where I see is wrong,” Semenya said. “I have become a voice for those who cannot speak out. I have to lead by example, I have to remind leadership that as leaders, the best that we can do is act in the best interests of athletes to make sure they are protected. ”
What happens next in this case?
The European Court’s ruling does not change the World Athletics Council’s ban on DSD athletes, but rather sends the case back to Switzerland’s federal courts. Semenya believes this ruling vindicates her after the Swiss courts ruled against her legal challenges in 2020.
“It’s overwhelming,” Semenya said. “For someone who has been waiting for over 15 years to be able to hear that, you feel heard. It’s a beautiful feeling.”
The court did not take up other aspects of the appeal, such as whether Semenya was discriminated against by the Swiss courts. It did award her 80,000 euros from the state of Switzerland “in respect of costs and expenses.”
Semenya’s legal team said after the ruling they have yet to decide what their next move will be, but the case will be watched closely by other sports reviewing their eligibility rules in women’s events.
