Caster Semenya calls for athletes’ rights to take priority after court ruling

South African Olympic champion Caster Semenya has secured a major legal victory at the European Court of Human Rights (ECHR), which found she had not received a fair trial when contesting regulations that forced her to medically lower her naturally high testosterone levels in order to compete in women’s athletics.

The ruling represents a pivotal moment in Semenya’s long-standing legal and human rights battle against what she and many others see as discriminatory practices aimed at women with differences of sex development (DSD).

While the decision does not overturn the controversial rules, the court determined that Swiss authorities had failed to apply sufficient judicial scrutiny to her case. The ECHR ordered Switzerland to pay €80,000 (£69,000) in costs and damages, and the case may now be returned to the Swiss federal court for reconsideration.

Semenya, a two-time Olympic gold medallist and triple world champion over 800m, has always identified and competed as a woman. However, under World Athletics’ current rules, implemented in 2018, she has been barred from her event unless she agrees to undergo hormone suppression—a step she has steadfastly refused, citing the serious side effects she endured in earlier years.

“I felt like a lab rat,” Semenya said of the medication regimen, which she followed between 2011 and 2015. “I was constantly sick, anxious, and sore—yet still expected to win.”

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Speaking outside the court after the ruling, the 34-year-old welcomed the outcome. “This is a great moment—not just for me, but for all athletes. We must respect athletes and put their rights first,” she said.

Although the ruling does not currently alter the regulations that effectively sidelined her from competition, it could have wide-reaching implications. The verdict comes at a time when the International Olympic Committee is re-evaluating its position on gender testing and athlete classification policies.

World Athletics, the global governing body for track and field, has long defended the testosterone limits as essential to ensure fairness in women’s sport. However, critics argue that the policy lacks solid scientific grounding and amounts to discrimination.

In 2023, Human Rights Watch described the regulations Semenya faced as “invasive and degrading”, warning that such rules violate international norms around dignity, bodily autonomy, and equality. The organisation accused international sports bodies of operating “as if exempt from human rights standards”.

Semenya, who dominated middle-distance running between 2009 and 2019, has made it clear that her fight now extends beyond athletics. “It’s no longer about running,” she told a South African newspaper last month. “It’s a human rights issue now. It’s about protecting athletes.”

Though her return to elite sport remains uncertain, Semenya’s determination to challenge injustice is unwavering. “The fight doesn’t end here,” she told reporters. “As long as injustice exists, we keep fighting—right up to the final court.”