Caster Semenya Wins Appeal Against Testosterone Rules in Landmark Decision
Double Olympic champion runner Caster Semenya achieved a significant victory on Tuesday as the European Court of Human Rights ruled in her favor in an appeal against track and field’s testosterone rules. The court stated that Semenya had been discriminated against, raising “serious questions” about the validity of the regulations.
World Athletics, the governing body responsible for enforcing the rules, responded to the decision by affirming that the rules would remain in place. Consequently, Semenya’s return to top-level competition would not be immediate.
Semenya’s case at the rights court targeted the government of Switzerland rather than World Athletics itself. Nevertheless, the ruling poses a major challenge to the future of the rules.
The regulations, introduced in 2019, required Semenya to artificially suppress her natural testosterone levels to be eligible to compete in women’s competitions. Identified as female at birth and having lived as a female her entire life, Semenya has one of several conditions known as differences in sex development (DSDs) that result in a testosterone level within the typical male range, granting her what some argue is an unfair advantage in women’s competitions.
The South African runner has been fighting against the testosterone rules in court for years. However, she previously lost an appeal at the highest court for sports in 2019 and a second challenge at Switzerland’s supreme court in 2020. It was the latter rejection that led to the Swiss government’s involvement in the European Court of Human Rights case.
A majority of four out of seven judges ruled in Semenya’s favor, stating that she had been subjected to discrimination and had been denied an “effective remedy” in her previous legal battles. The decision strongly criticized the Court of Arbitration for Sport’s 2019 ruling, which upheld the regulations. The court’s decision required athletes like Semenya to take birth control pills, receive hormone-blocking injections, or undergo surgery to comply with the rules.
The rules were initially applicable to specific events but were expanded and made more stringent by World Athletics this year, effectively compelling athletes such as Semenya to further reduce their testosterone levels to participate in any race.
The European rights court acknowledged that the Swiss supreme court’s rejection of Semenya’s second appeal should have prompted a comprehensive review of the rules. It was noted that important factors like the side effects of hormone treatment, the compliance difficulties faced by athletes, and the lack of evidence proving an advantage from high natural testosterone should have been considered. The court emphasized that unfair advantage was the primary reason for the introduction of the rules.
As a result of the ruling, the Swiss government was ordered to pay Semenya 60,000 euros ($66,000) as compensation for costs and expenses. However, the path and timeline for a potential reconsideration of the rules by the Court of Arbitration for Sport and World Athletics are uncertain.
In response to the decision, World Athletics maintained that the DSD regulations are necessary and proportionate measures to ensure fair competition in the female category. The organization referenced the previous assessments of the evidence by the Court of Arbitration for Sport and the Swiss Federal Tribunal.
The 32-year-old Semenya aims to compete at the Paris Olympics next year. She previously won gold in the 800 meters at the 2012 and 2016 Olympics but was unable to defend her title at the Tokyo Olympics due to the regulations. The European rights court recognized the significant impact of the rules on Semenya’s career and profession.
The ruling has generated anticipation for a potential reassessment of the regulations by the Court of Arbitration for Sport and World Athletics. However, the ultimate outcome and timeline of any changes remain uncertain.
Sources: Associated Press, Twitter