Caster Semenya wins European Court of Human Rights appeal

To optimise for archiving, the original image and related documents associated with this article have been removed.

Former Olympic champion Caster Semenya has won her appeal at the European Court of Human Rights (ECHR) after it found she was discriminated against by rules which forced her to lower her testosterone levels in order to continue competing. 

Semenya was born with differences of sexual development (DSD) which means that she has higher than normal testosterone levels for a woman. In 2018 World Athletics introduced new regulations which required Semenya to take testosterone reducing medication if she wished to compete in events between 400m and one mile. 

Semenya’s appeal was not against the World Athletics regulations but rather against the Swiss Supreme Court decision three years ago with the ECHR ruling the Swiss government did not protect Semenya from being discriminated against when its Supreme Court refused to overturn a decision by the Court of Arbitration for Sport which upheld World Athletics rules governing the participation of athletes with DSD. 

In a statement World Athletics said “We remain of the view that the DSD regulations are a necessary, reasonable and proportionate means of protecting fair competition in the female category as the Court of Arbitration for Sport and Swiss Federal Tribunal both found, after a detailed and expert assessment of the evidence. The case was filed against the state of Switzerland, rather than World Athletics. We will liaise with the Swiss government on the next steps and, given the strong dissenting views in the decision, we will be encouraging them to seek referral of the case to the ECHR Grand Chamber for a final and definitive decision. In the meantime, the current DSD regulations, approved by World Athletics Council in March 2023, will remain in place.”

An ECHR statement said “The court found in particular that the applicant had not been afforded sufficient institutional and procedural safeguards in Switzerland to allow her to have her complaints examined effectively, especially since her complaints concerned substantiated and credible claims of discrimination as a result of her increased testosterone level caused by differences of sex development.”

Image credit: Yann Caradec

You may also like

View All

Dallas judge prohibits NCAA and SEC from banning 41 athletes from returning to college sport for one more season

A Dallas judge has prohibited the National Collegiate Athletic Association and the Southeastern Conference from banning a number of athletes, 3 of which are part of NFL rosters, from returning to college sport for one more season 

Read More

Abuse victims receive over $3 million from Australian Institute of Sport

The Australian Institute of Sport has collectively paid over $3 million to over 225 athletes who experienced abuse at Australia’s elite sports training centre

Read More

Sport Resolutions’ 2025/26 Annual Report is ready to view

Sport Resolutions’ 2025/26 Annual Report is now live, providing a transparent, comprehensive summary of Sport Resolutions’ activity and profile across the last financial year (1 April 2025 – 31 March 2026), including some of our most notable concluded national and international cases and their outcomes

Read More