2023-07-11 15:20:38
It’s a victory for Caster Semenya. While the 32-year-old South African athlete is prevented from participating in certain races because she refuses treatment to lower her testosterone levels, the European Court of Human Rights (ECHR) considers that the double champion Olympic 800m (2012, 2016) is a victim of discrimination.
Swiss justice had confirmed in 2020 a decision of the Court of Arbitration for Sport (CAS), validating a regulation of the International Athletics Federation (World Athletics). This obliges the hyperandrogenic athlete to take hormone treatment to lower her testosterone levels if she wants to line up at her favorite distance (800 m).
“Switzerland has overstepped the reduced margin of appreciation it enjoyed in the present case, which concerned discrimination based on sex and sexual characteristics, which can only be justified by very strong considerations”, considered the court based in Strasbourg.
The judgment of the ECHR does not however invalidate the regulations of World Athletics, and does not directly open the way to a participation of Caster Semenya in the 800m without treatment. “The current DSD (differences in sex development) regulations, approved by the International Federation Council in March 2023, remain in place,” the body said. Clearly, the South African will not be able to participate in certain events without hormonal treatment.
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