Participation and bitter defeat for Caster Semenya: In her case, the athletics Olympic champion lost in the most important point in her case before the European Court of Human Rights on Human Rights on Thursday.
Semenya was not discriminated against by the rules of sports jurisdiction in her struggle against the so -called testosterone rule in athletics, the great chamber in Strasbourg judged.
At the same time, the South African in Switzerland also “received no fair procedure,” said the judgment. Semenya was therefore awarded a compensation of 80,000 euros.
Thus, an epic sports law dispute came to an end this Thursday before the European Court of Human Rights (ECHR) in Strasbourg.
Inadequate legal protection
Semenya, however, has been going on, however, that she is excluded from certain races from the World Athletics Association World Athletics (WA) because she refuses to medically reduce her testosterone levels. The 34-year-old did not complain against World Athletics in front of the ECHR, but against Switzerland, which was supported by WA in the case.
Before the CAS, sitting in Lausanne and the Swiss Federal Court, Semenya had in vain against the fact that as an intersex athlete, she would have to artificially lower her naturally high testosterone levels in order to be able to take part in international races such as the Olympic Games and World Championships.
“Structural Inequality “
In its judgment, the ECHR pointed out a “structural imbalance” in sports jurisdiction, Semenya’s case would have required a “particularly strict examination” of its personal rights, but this was not carried out by the Swiss Federal Supreme Court.
The case could now be referred back to the Swiss Federal Supreme Court in Lausanne. Semenya, who is classified as a person with “Deviations in Sexual Development (DSD)”, won over 800 meters in 2012 and 2016, but has not been allowed to compete in international races since 2019 due to the testosterone rule.
Testosterone rule controversial
The testosterone rule in athletics was controversial right from the start, the CAS prohibited paragraph 2015. On November 1, 2018, a new, repeatedly revised set of rules was introduced – this has not only been used for the disciplines of 400 m (including the hurdles) since 2023.
CAS judgments are actually final. They can only be challenged in front of the Swiss Federal Supreme Court. It is responsible because the CAS is based in Lausanne, but only checks decisions for formal errors, but not in terms of content. The Federal Supreme Court also confirmed the CAS decision in the Semenya case in 2020.
In Strasbourg, Semenya had received right in 2023 in the first instance: she was discriminated against by the rules of sports jurisdiction.