Caster Semenya has achieved a partial legal victory in her ongoing battle over sex eligibility rules that have effectively sidelined her from elite competition. The European Court of Human Rights (ECHR) has ruled that her right to a fair hearing was violated by the Swiss Federal Supreme Court in 2020, when it rejected her appeal against regulations introduced by World Athletics. These rules required athletes with differences of sexual development (DSD) to reduce their natural testosterone levels to compete in events from 400 meters to the mile.
Now 34, Semenya has been at the forefront of a global conversation about fairness, inclusion, and human rights in sport. She has long argued that the regulations imposed by athletics’ governing body are discriminatory against DSD athletes, forcing them to undergo medical interventions to compete in the female category.
In its judgment, the Grand Chamber of the ECHR found that the Swiss court had failed to meet the legal threshold for ensuring a fair hearing under Article 6 of the European Convention on Human Rights. However, her claims under Articles 8, 13, and 14—relating to privacy, effective legal remedy, and discrimination—were ruled inadmissible because they fell outside Switzerland’s jurisdiction.
Although the decision doesn’t immediately alter the current rules enforced by World Athletics, it breathes new life into Semenya’s legal efforts. Her case may now return to Switzerland’s federal court system for further review, potentially reigniting legal scrutiny into the rules that have barred her from competing in her strongest events.
The ruling represents a symbolic triumph for Semenya, who has described the outcome as a deeply emotional moment after years of legal struggle. She has emphasized that her fight transcends sports—it is about dignity, fairness, and the rights of athletes to participate without being forced to alter their biology.
Despite this legal milestone, the practical implications for the current framework of elite sport remain limited. World Athletics continues to defend its policies, asserting that scientific evidence supports the view that athletes with conditions similar to Semenya’s possess a physical advantage that undermines fairness in female competition. The organization has recently expanded its eligibility rules to include all female track and field events and is preparing to introduce cheek swab DNA testing. This test would search for the SRY gene on the Y chromosome, a genetic marker for male development, effectively disqualifying some athletes from female categories regardless of testosterone suppression.
This development comes amid growing tensions in the sporting world around sex, gender, and eligibility. Some organizations, such as World Boxing, are implementing similar chromosomal tests. There are also discussions within the International Olympic Committee about standardizing such measures across all sports, especially after gender eligibility debates clouded recent major competitions.
While the ECHR’s decision does not reverse the rules that have shaped Semenya’s career, it reaffirms the importance of protecting athletes’ fundamental rights. The case has become a touchstone in the broader dialogue about how to reconcile scientific considerations of fairness with principles of equality and inclusion in global sport.
