32-year-old track and field athlete Caster Semenya experienced discrimination according to the European Court of Human Rights. The International Athletics Federation is waiting for a decisive decision on the matter.
Two-time Olympic champion Caster Semenya won a legal battle over testosterone rules in athletics at the European Court of Human Rights.
According to the court’s decision, Semenya experienced discrimination. The European Court of Human Rights voted 4-3 in favor of Semenya.
Semenya cannot immediately return to the track, as the international athletics federation World Athletics stated in its press release that the rules remain in effect.
According to World Athletics, Semenya has differences in sex development (DSD, short for Differences in Sex Development). WA believes Semenya’s testosterone levels give her an unfair advantage in women’s competitions.
According to the rules introduced by World Athletics in 2019, Semenya would have to lower her hormone levels with medication in order to compete in the women’s division in her main event of 800 meters.
The rules were initially enforced at certain events, but WA expanded and tightened the rules in March this year.
Semenya initially appealed to the International Court of Arbitration for Sport (CAS) and a Swiss court, but both sided with WA.
The court ruled against Switzerland and the CAS
Semenya won her appeal against the Swiss government on Tuesday. The European Court of Human Rights found that the Swiss government failed to protect Semenya from discrimination when it refused to overturn a CAS decision regarding DSD athletes.
Semenya stated that the use of testosterone-lowering drugs could endanger her health. He also stated that the verdict took away from him and other DSD athletes the right to rely on their natural abilities.
The European Court of Human Rights took a position on the matter. According to the court, CAS failed to properly consider important factors such as the side effects of hormone therapy, the athletes’ difficulty in complying with the rules, and the lack of evidence that their natural testosterone levels actually gave them an advantage.
According to the court, Semenya’s appeal to the Swiss Supreme Court should also have led to a review of the rules, but that did not happen when the court ruled against Semenya.
The umbrella organization did not change its position
World Athletics described the decision of the European Court of Human Rights as “well divided”.
The umbrella organization stated in its statement that it still believes that the rules are necessary, reasonable and proportionate means to protect “fair competition in the women’s league”.
WA also said it would contact the Swiss government about the next steps in the matter. WA says it encourages them to take the case to the Grand Chamber of the European Court of Human Rights for a final and decisive decision.
– In the meantime, the current rules regarding DSD athletes, approved by World Athletics in March, remain valid, WA announced.