STRASBOURG, France (AP) – Caster Semenya, the two-time Olympic champion runner, achieved a partial victory at the European Court of Human Rights on Thursday regarding her ongoing legal battle concerning sex eligibility rules in track and field. This landmark case has spanned seven years, and the court's decision has significant implications for Semenya’s future in athletics.
The court's 17-judge panel, in a 15-2 vote, determined that some of Semenya’s rights to a fair hearing were violated during her case at the Swiss Supreme Court. This ruling was specifically concerning her appeal against a previous decision made by the Court of Arbitration for Sport (CAS) that had sided with World Athletics. The case is now set to return to the Swiss federal court located in Lausanne for further deliberations.
While the European Court of Human Rights recognized some violations of Semenya's rights, it did not overturn the regulations established by World Athletics. These rules have effectively barred Semenya from competing in the 800-meter race, a discipline in which she has won two Olympic gold medals and three world championships.
A crucial aspect of the court's ruling emphasized that the Swiss Federal Court failed to conduct a rigorous judicial review, which was necessary due to the mandatory and exclusive jurisdiction of the CAS through which Semenya was compelled to pursue her case. The Strasbourg judges stated that the Federal Supreme Court’s review did not meet the required standards.
In addressing other components of Semenya’s appeal, the European court ruled that she did not fall under Switzerland’s jurisdiction concerning those claims. This decision is influential as it highlights the complexities surrounding the legal landscape of sports eligibility and the nuances of jurisdictional authority.
The original lawsuit between Semenya and World Athletics centers on whether athletes with particular medical conditions—like Semenya, who possesses a typical male chromosome pattern and elevated testosterone levels—should be permitted to compete in women’s events. World Athletics, led by President Sebastian Coe, defends its restrictions by stating that Semenya enjoys an unfair advantage due to her higher testosterone, while Semenya contends that her elevated testosterone levels are simply a genetic advantage.
This ruling comes two years after another significant legal victory for Semenya from the same European court, which acknowledged discrimination against her and prompted the Swiss Supreme Court to reconsider its prior dismissal of her appeal against the CAS ruling favoring World Athletics. In 2019, the CAS had concluded in a 2-1 decision that any discrimination directed at Semenya was "necessary, reasonable, and proportionate" to ensure fairness in women’s track events.
Diving deeper into the legal underpinnings of this case reveals a growing tension between sporting regulations and human rights considerations. Semenya's fight not only challenges the international sports governing body but also raises important questions about gender, fairness, and the nature of competition within women's sports.
The outcome of this case could potentially reshape the future landscape of athletics and set vital precedents regarding the intersection of sports regulations and human rights. The implications of the court’s ruling are profound, and as the case returns to the Swiss federal court, the sports community and legal experts alike will be closely monitoring the developments that follow.
