Caster Semenya had had an incredible career and her career took another twist on Tuesday when a European Court of human rights (ECHR) ruled that she was discriminated against by Switzerland’s legal system.
The double Olympic 800m champion was requested to lower her testosterone levels by Switzerland as she was born with differences in sex development (DSD), meaning her body naturally produces higher levels of testosterone than women without the condition.
The 32-year-old South African has won gold in the 800m at the 2012 and 2016 Olympics. However, she was denied to compete in elite events between 400m and a mile since 2018, when World Athletics, the sports governing body, implemented a new policy for DSD athletes that compelled them to reduce their testosterone levels to less than 5 nmol/L in order to race across those distances.
On Tuesday, 11 July 2023, the ECHR ruled that Switzerland did not afford Semenya “sufficient institutional and procedural safeguards” to allow her to have her complaints examined effectively. The court added that the “high stakes” involved for Semenya “should have led to a thorough institutional and procedural review.”
Schona Jolly KC from Cloisters, a barrister who had acted for Semenya in the ECHR case, said: “We are absolutely delighted for our client today. Caster has never given up her fight to be allowed to compete and run free. Today’s judgment is a testament to her resilience and courage.
“This important personal win for her is also a wider victory for elite athletes around the world. It means that sporting governance bodies around the world must finally recognise that human rights law and norms apply to the athletes they regulate.”
Main Image: Caster Semenya| Adam Davy
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