July 11 (Portal) – Europe’s top human rights court ruled in favor of Olympian Caster Semenya on Tuesday, saying courts in Switzerland should give her a new chance to challenge the obligation for athletes with high natural testosterone levels to take drugs to lower their testosterone testosterone levels.
The 32-year-old South African double Olympic champion in the 800m had turned to the European Court of Human Rights in February 2021 after losing appeals before the CAS, sport’s highest court, and the Swiss Federal Supreme Court (SFT) in a protracted legal battle.
The ECtHR ruled by a narrow majority of four to three that Semenya’s original appeal against the World Athletics Rules had not been properly heard.
“In particular, the court found that the applicant was not afforded sufficient institutional and procedural safeguards in Switzerland to allow for an effective examination of her complaints,” the ECtHR said in a statement.
“Because the stakes are high for the applicant and the narrow discretion afforded to the respondent state should have resulted in a thorough institutional and procedural review, but the applicant was not able to obtain such a review.”
Semenya may now have the freedom to once again question the rules that put her career on hold, but there’s still a long way to go in that regard.
During a period of three months after the judgment of the ECtHR, it is not final and either party can request that the case be referred to the Grand Chamber of the Court of Justice.
If such a request is made, a panel of five judges will consider whether it requires further consideration. In that case, the Grand Chamber will hear the case and render a final judgment.
World Athletics said it stood by its rules, which would remain in effect for the time being, adding that it would encourage the Swiss government to seek a review of the ruling.
“We continue to believe that the DSD rules are a necessary, appropriate and proportionate means of protecting fair competition in the category of women, as determined by both the Sports Arbitration Court and the Swiss Federal Supreme Court after a detailed and expert assessment of the evidence . ‘ said World Athletics in a statement.
“We will be in touch with the Swiss government on the next steps and given the widely differing opinions on the decision, we encourage them to request the referral of the case to the Grand Chamber of the ECtHR for a final and final decision to be made there. “
Semenya suffers from a condition called hyperandrogenism, which is characterized by abnormally high levels of testosterone, a hormone that increases muscle mass, strength, and hemoglobin, which affects endurance.
Under the rules, female athletes with Sexual Development Differences (DSDs) that lead to high levels of testosterone in order to compete in women’s competition must lower it to that of a “healthy woman with ovaries.” You can take birth control pills, have monthly injections, or have surgery to remove your testicles.
The Arbitration Court for Sport ruled in 2019 that World Athletics rules were necessary for fair women’s competition.
At the time, Semenya said the rules were discriminatory and that taking birth control pills made her “constantly nauseous.” The following year, she lost her appeal to the SFT to overturn the 2019 CAS ruling.
Semenya won gold in the women’s 800m at the 2016 Olympics and is also a three-time world distance champion.
The regulations, which originally applied to races from 400 meters to a mile, were extended to all women’s track and field races in March, preventing Semenya from restarting her career with longer-distance running.
Reporting by Hritika Sharma in Hyderabad and Nick Said in Cape Town. Edited by Ed Osmond, Peter Graff and Christian Radnedge
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