Caster Semenya, the South African athlete, has emerged victorious in her legal battle against Switzerland as the European Court of Human Rights declared that she had suffered discrimination.
The 32-year-old runner took her case to Switzerland’s supreme court after it ruled against her in 2020, upholding the decision made by the Court of Arbitration for Sport three years prior.
The regulations implemented by World Athletics, which require athletes with naturally high levels of testosterone to undergo medical intervention to lower their hormone levels, have effectively halted Semenya’s career since 2019.
Semenya’s case is complex, as she was identified as female at birth and continues to identify as a woman. However, her naturally high testosterone levels have thrust her into the contentious debate surrounding sex eligibility in sports.
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World Athletics argues that elevated testosterone levels provide an unfair advantage in women’s competitions, similar to a male competing in women’s sports.
The organization has progressively tightened its rules over the years, expanding hormone regulations to encompass all female track events and prohibiting transgender women from participating in female events.
Semenya contends that her testosterone levels should be regarded as a genetic gift, akin to an athlete’s height or a swimmer’s long arms. The European rights court’s decision in her favor emphasizes the belief that discrimination is unacceptable, even in a sporting context that strives for fairness.
However, the impact of Tuesday’s ruling on the existing regulations remains uncertain. Semenya will need a successful appeal at the Swiss-based Court of Arbitration for Sport, followed by the consideration of the Monaco-based World Athletics organization, to potentially withdraw the rules.
