The European Court of Human Rights has ruled in favour of South African Olympic Champion Caster Semenya regarding the ban on testosterone use by female athletes.
The decision marks a significant turning point in the ongoing debate on gender eligibility rules in sport and offers hope for athletes dealing with similar challenges. Semenya, a two-time Olympic champion, has fought tirelessly for her right to compete without invasive medical interventions, and the ECHR's ruling is a testament to her resilience and determination.
Semenya, a dominant force in women's athletics, has faced constant attention and challenges throughout her career because of her naturally high level of testosterone.
The International Association of Athletics Federations (IAAF), now known as World Athletics, introduced regulations in 2011 that forced female athletes with naturally elevated testosterone levels to medically lower them to compete in certain events.
Semenya was prohibited from competing in the Olympics and, in 2021, she filed a lawsuit in the European Court of Human Rights challenging restrictions of testosterone in female athletes.
Semenya has consistently opposed these regulations, claiming that they violate her rights and discriminate against her based on her biological characteristics.
The European Court of Human Rights found on Tuesday, July 11, that Semenya was not provided with enough institutional and procedural safeguards in Switzerland to allow her to have her complaints examined effectively, especially since these complaints concerned substantiated and credible claims of discrimination due to her increased testosterone level caused by differences of sex development (DSD).
The court said there had been a “violation of the prohibition of discrimination taken together with the right to respect for private life as well as a violation of the right to an effective remedy”.
The decision could force sport's highest body to re-examine the DSD regulations.
Semenya's legal triumph marks a significant step forward in the fight against discrimination in sport. Her resilience and determination have challenged the status quo and sparked a global conversation about fairness, inclusivity, and the rights of athletes.
Fans took to Twitter to express their views on her win.
@GetrudeM wrote: “She fought a great fight. It took long, but she won.”
@ally_brittain commented: “Congratulations Caster, we're proud of you.”
@Zoe_SZi added: “Caster Semenya is a 2-time Olympic Champion, 2-time Commonwealth Games winner, 3-time World Champion & 4-time Diamond League winner.
“She will be remembered not only as one of SA's best athletes but someone who never gave up fighting for justice when the odds were against her.”
@TheRealPaniki said: “Caster Semenya winning her case is probably the best news I'll hear this whole day.”
@GOL_JNR wrote: “They made a natural born female woman feel like she’s less of a woman because of her natural high testosterone while simultaneously fighting for the rights of naturally born males to be women, history will remember this Glad she fought them and won #CasterSemenya.”