Olympic champion Caster Semenya (South Africa) celebrated an important victory in her long-standing legal dispute against the controversial testosterone rule of the world athletics association World Athletics (WA) before the European Court of Human Rights (ECtHR) in Strasbourg – her lawsuit against Switzerland was successful.
The judges ruled with a 4:3 majority that Semenya had been discriminated against. For the 32-year-old, however, the verdict is largely only of a symbolic nature, since it does not question the WA rule itself and Semenya is not paved for a return.
In November 2018, the world association World Athletics introduced a testosterone limit in certain disciplines for eligibility to participate in the women’s class. On the other hand, the three-time world champion had sued the Cas and the Swiss Federal Court in vain.
For the first time, regulations will not be changed
Despite the verdict in favor of runner Semenya, the World Athletics Federation will not change its testosterone regulations for the time being. Rather, World Athletics wants to encourage the Swiss government’s decision to refer the case to the Grand Chamber of the ECtHR for “a final decision”.
“In the meantime, the DSD regulations approved by the World Athletics Executive Committee in March 2023 remain in effect,” a statement said Tuesday. The international umbrella organization considers the transgender rules “continue to be a necessary, appropriate and proportionate means of protecting fair competition in the women’s category”.
Long walk through the instances
Semenya won Olympic gold over 800 meters in 2012 and 2016, but has not been allowed to compete in international races on her parade route since 2019 due to the so-called testosterone rule. Semenya initially took her protest against her starting ban to the International Court of Arbitration for Sport CAS. This ruled against her, against which she lodged an appeal before the Swiss Federal Court in Lausanne. However, the federal court rejected this. Semenya therefore turned to the European Court of Human Rights.
At the heart of the legal dispute is a testosterone limit for athletes with intersex tendencies. The latest version of the rule requires that female athletes with gender development variants (DSD) have their blood testosterone levels below 2.5 nanomoles per liter and below that level for two years in order to compete in the female category.
Rule applies to all disciplines
The three-time world champion rejects this. The rule now applies to all disciplines and no longer to running distances of 400 meters to one mile. WA introduced the rule to protect the integrity of the women’s category.
“All we want is permission to walk free, now and forever, as the strong and fearless women we are and always have been,” Semenya had said when filing her lawsuit, “In this fight, go It’s not just about me, it’s about taking a stand and fighting for the dignity, equality and human rights of women in sport.”
Judgment of an independent body
The ECtHR has now found that Semenya was denied an effective remedy in the court proceedings in Switzerland. She credibly explained why she was being discriminated against because of her elevated testosterone levels. Such discrimination based on gender and sexual characteristics requires “very important reasons” to justify it. With so much at stake for Semenya, her case should have been given more consideration, the judges said.
The European Court of Human Rights, based in Strasbourg, France, is part of the Council of Europe and is independent of the EU. The Council of Europe and the Court of Justice work to protect human rights in the 46 member states.
Quelle: sid/AP/Reuters/red