Caster Semenya wins ECHR appeal as sex eligibility case set to return to court
Athlete Caster Semenya wins human rights fight over sex eligibility
- The Grand Chamber of the European Court of Human Rights (ECHR) has ruled that track and field athlete Caster Semenya's right to a fair hearing was violated by the Swiss judicial system.
- Semenya has been unable to compete in the 800-metre event since 2019 due to World Athletics' rules on testosterone levels for female athletes, as she naturally produces higher levels.
- The 34-year-old was unsuccessful in challenging the rules at the Court of Arbitration for Sport and the Swiss federal court.
- The ECHR's judges found by a 15 to two majority that the Swiss courts had "fallen short" in providing a sufficiently rigorous judicial review of her complaint. The ruling means the case should now return to the Swiss federal court.
- World Athletics, not a party to the ECHR proceedings, maintains its rules are necessary for fair competition and has recently introduced stricter biological sex tests for female categories.