The European Court of Human Rights (ECHR) announced on Monday that the case involving Caster Semenya, the double Olympic champion in the 800 meters, will be heard by its Grand Chamber to issue a final ruling.
This decision follows a referral request from the Swiss government.
Semenya, who is 32 years old, aims to hold the sport’s governing body, World Athletics, accountable for what she alleges is discrimination against athletes with hyperandrogenism. This condition is characterized by higher-than-usual levels of testosterone, a hormone known to increase muscle mass and strength. Her legal battle seeks to challenge the requirements that female athletes with differences in sexual development (DSDs) must medically reduce their testosterone levels.
After an unsuccessful appeal to the Court of Arbitration for Sport (CAS) in 2019 and a Swiss Federal Court in 2020, the ECHR ruled in favor of Semenya in July of the current year. The majority decision of four to three indicated that her appeal to the Swiss Federal Court had not received a proper hearing, but it did not constitute a judgment against World Athletics regulations.
Competitive running days are likely behind her
The Swiss government’s referral will now be reviewed by the full 17-member ECHR Grand Chamber.
Caster Semenya told Reuters recently that her competitive running days are likely behind her, but she remains committed to the legal battle against World Athletics. She emphasized, “It is no longer about me fighting to compete, it is about fighting for what is right.”
She added, “Fighting for the upcoming generation, because there are a lot of kids that are affected by the same ruling. This battle will not finish now. We will fight until the end.”
World Athletics has maintained that its regulations are necessary to ensure a level playing field in the women’s category. A spokesperson for the organization told Reuters, “World Athletics has only ever been interested in protecting the female category. If we don’t, then women and young girls will not choose sport. That is, and has always been, the federation’s sole motivation for the regulations.”
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