Caster Semenya, the South African Olympic champion runner, has emerged victorious in her appeal to the European Court of Human Rights (ECHR) against “discriminatory” testosterone limits imposed on female athletes. The ECHR announced on Tuesday that Semenya’s appeal had been successful.
Semenya, a hyperandrogenic with naturally high testosterone levels, has been challenging the regulations set by World Athletics, the governing body for track and field since they were introduced in 2019. These rules aim to regulate hormone levels in female athletes.
The ECHR ruled that the regulations violated the prohibition of discrimination, the right to respect for private life and the right to an effective remedy. The court stated that the Swiss legal system had not adequately protected Semenya’s human rights.
The new rules required Semenya to take medication to lower her testosterone levels if she wanted to compete internationally in events ranging from 400m to one mile. However, she chose not to comply with these regulations, leading to her inability to defend her 800m title at the 2021 Tokyo Olympics.
Semenya, a three-time 800m world champion, previously lost appeals to the Court of Arbitration for Sport in April 2019 and Switzerland’s Federal Supreme Court in September 2020. Despite these setbacks, she remained determined to fight for the human rights of female athletes.
In February 2021, Semenya filed an appeal with the ECHR, arguing that the Swiss Federal Supreme Court had failed to uphold her human rights in dismissing her previous appeal. The ECHR acknowledged the validity of her discrimination claims due to her increased testosterone levels caused by differences in sex development (DSD).
World Athletics responded to the ECHR ruling by expressing their disagreement and stating that they believed the DSD regulations were necessary and proportionate for fair competition in the female category. They indicated their intention to engage with the Swiss Government and seek referral of the case to the ECHR Grand Chamber for a final decision.
The current DSD regulations, approved by the World Athletics Council in March 2023, will remain in effect while the case progresses.
Differences in sex development (DSD) encompass variations in reproductive anatomy, chromosome patterns, or other traits that do not align with typical binary definitions of female or male. It is estimated that as many as one out of every 50 people may have DSD traits, although many individuals may never know their condition.
The European Court of Human Rights decision to rule in favour of Caster Semenya marks a significant milestone in the ongoing debate surrounding regulating testosterone levels in female athletes. While the court’s ruling acknowledges Semenya’s human rights violation, the controversy and discussions surrounding this issue are far from over. The case raises important questions about fairness, inclusivity, and the complex nature of defining gender in sports.
