Caster Semenya wins human rights ruling over unfair court process

Two-time Olympic champion Caster Semenya has won a partial but significant legal victory at the European Court of Human Rights (ECHR), marking a turning point in the long-running global debate on sex eligibility rules in women’s athletics.

A Seven-Year Legal Battle Reaches Strasbourg

The ECHR ruled that Semenya’s right to a fair hearing was violated by Switzerland’s Supreme Court during her 2020 appeal against regulations set by World Athletics. These rules had required Semenya—who was born with differences in sexual development (DSD) and naturally higher testosterone levels—to take medication in order to compete in women’s races.

The court, in a 15-2 decision, found that the Swiss legal system had failed to provide a “rigorous judicial review” of her case. This ruling now opens the door for the case to return to the Swiss federal court in Lausanne.

“It’s About Human Rights, Not Just Medals”

Speaking outside the court, Semenya said, “This is bigger than we ever thought. It’s not about competition. It’s about human rights. It’s about the protection of the athletes.”

Although the ruling does not overturn the World Athletics regulations that ended her middle-distance career, it delivers long-overdue legal validation for Semenya, who has always identified as a woman and competed as such.

“We need to respect athletes. We need to put their rights first,” she said.

Background: DSD Regulations in Sport

Since 2019, World Athletics has required athletes with certain DSD conditions—like Semenya’s 46,XY 5-alpha-reductase deficiency—to reduce their natural testosterone levels in order to compete in events from 400m to the mile. Semenya refused to comply, citing severe side effects from the medication and calling the policy discriminatory.

Human Rights Watch and other organizations have labeled the regulations “degrading and invasive,” criticizing their scientific basis and ethical implications.

A Victory with Broader Implications

The ruling not only vindicates Semenya’s long-standing claims of unfair treatment but also puts pressure on sports governing bodies worldwide to align their policies with international human rights standards.

Her lawyer, Schona Jolly, noted, “As of today, the governance of international sport needs to sit up and take notice of an athlete’s fundamental rights.”

Switzerland has been ordered to pay Semenya €80,000 in legal expenses. The ECHR’s Grand Chamber decision is final and cannot be appealed.

Sport at a Crossroads

With the International Olympic Committee reportedly considering new policies on gender verification, Semenya’s case has reignited a global debate. Some sports—including boxing—have already begun introducing chromosomal and DNA-based sex testing.

World Athletics has yet to issue a public statement following the ruling.

Who Is Caster Semenya?

Semenya rose to international fame in 2009, winning her first World Championship gold at just 18 years old. She went on to claim gold in the 800m at both the 2012 London and 2016 Rio Olympics, as well as multiple world titles. Her dominance on the track made her a national hero in South Africa—and a lightning rod for a polarizing global conversation on sex, biology, and fairness in sport.

In 2023, she said she had shifted her focus from medals to activism: “It’s a battle for human rights now. It’s about the protection of athletes.”

The Road Ahead

While the current World Athletics rules remain in place, the ECHR ruling may serve as a catalyst for meaningful reform. As Semenya put it, “The fight will never be over. As long as we have injustice, we fight till the court.”

This story is still developing as legal teams prepare for the case’s potential return to the Swiss courts. The future of gender eligibility in global sport may now depend on how those proceedings unfold.

Tags: Caster Semenya, Human Rights, World Athletics, ECHR, Gender in Sport, Testosterone Rules, DSD Athletes