The European Court of Human Rights (ECHR) has ruled that Caster Semenya’s human rights have been violated since the introduction of limits on testosterone levels.
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According to The Guardian, the two-time 800m Olympic Champion has been unable to compete at her favoured distance due to these limits, which force athletes to use medication to lower their testosterone levels. Although Semenya was identified as female at birth, the 32-year-old has a condition called hyperandrogenism, which causes her body to produce higher testosterone levels than women without it.
As per a release by the court, it was found that Semenya ‘had not been afforded sufficient institutional and procedural safeguards in Switzerland to allow her to have her complaints examined effectively, especially since her complaints concerned substantiated and credible claims of discrimination as a result of her increased testosterone level caused by differences of sex development [DSD].’ A legal summary of the case noted that Article 14 of the European Convention on Human Rights, which relates to discrimination, had been violated, as well as Article 13, which relates to the absence of effective remedies to combat said discrimination.
The ruling follows several legal challenges brought to the Court of Arbitration for Sport and the Swiss Federal Supreme Court, which were all rejected.
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The Guardian further reports that the release of the judgement states that the ECHR’s ruling was a majority decision, as four of the seven representatives found that Semenya’s rights under Articles 13 and 14 of the European Convention on Human Rights had been violated, although the chamber judgement is not final and can be referred to a grand chamber for further consideration if a request is made.
‘World Athletics notes the judgment of the deeply divided chamber of the European Court of Human Rights,’ as per a statement of the governing body. ‘We remain of the view that the DSD regulations are a necessary, reasonable and proportionate means of protecting fair competition in the female category as the court of arbitration for sport and Swiss federal tribunal both found, after a detailed and expert assessment of the evidence.’
‘The case was filed against the state of Switzerland, rather than World Athletics. We will liaise with the Swiss government on the next steps and, given the strong dissenting views in the decision, we will be encouraging them to seek referral of the case to the ECHR grand chamber for a final and definitive decision. In the meantime, the current DSD regulations, approved by the World Athletics Council in March 2023, will remain in place.’
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Picture: @castersemenya800m / Instagram