The ECHR has stated that the Olympian had her right to a fair hearing violated
BY ELLA GAUCI, IMAGE BY BOB RAMSAK/ WIKIMEDIA COMMONS
The European Court of Human Rights (ECHR) has ruled that Olympic champion Caster Semenya had her right to a fair hearing violated by the Swiss Federal Supreme Court when she appealed against World Athletics regulations in 2020.
Caster, who was born with DSD (differences of sexual development), has been effectively barred from competing in the 800m since 2019 when World Athletics introduced new rules about testosterone levels for track events.
As a two-time Olympic champion, Caster challenged World Athletics’ new rules unsuccessfully in 2020. In 2023, the ECHR ruled that Caster had been discriminated against by World Athletics’ rules.
In a hearing today (10 July), the ECHR ruled that Caster had not been given a fair hearing during her 2020 Swiss Federal Supreme Court appeal. This does not overrule World Athletics’ rules but is a step forward for the South African runner. The case will now return to the Swiss Federal Supreme Court.
In a statement following this news, Caster said: “I have waited 15 long years for this judgment. Today, my patience in this journey has been rewarded with a result that will pave the way for all athletes’ human rights to be protected. I have given up what I wanted in the hope that others may have what they need. I hope this victory will inspire young women to be and to accept themselves in all their diversity.”
In 2020, Caster told BBC Sport: “I refuse to let World Athletics drug me or stop me from being who I am. Excluding female athletes or endangering our health solely because of our natural abilities puts World Athletics on the wrong side of history. I will continue to fight for the human rights of female athletes, both on the track and off the track, until we can all run free the way we were born.”
Earlier this year, World Athletics introduced cheek swab tests to determine eligibility for the female category.
DIVA magazine celebrates 31 years in print in 2025. If you like what we do, then get behind LGBTQIA+ media and keep us going for another generation. Your support is invaluable.
