The case of Olympic athletics champion Caster Semenya continues before the Grand Chamber of the European Court of Human Rights.
The court agreed on Monday (November 6th, 2023) to be the next instance to hear the long-standing legal dispute surrounding the South African. Semenya is challenging the fact that she is banned from certain races because she refuses to medically lower her testosterone levels.
First verdict: Semenya discriminates
The 32-year-old celebrated a victory at the European Court of Justice (ECJ) in July when the judges in Strasbourg ruled that Semenya had been discriminated against in a previous ruling by the Swiss Federal Court. However, the verdict was narrow with a vote of 4:3.
The Swiss, who are supported by the world athletics association World Athletics, announced an appeal, which will now be heard before the highest chamber of the European Court of Justice and thus finally heard. The court did not announce a date for review of the case.
ECJ contradicts Swiss Federal Court
The Federal Court, like the International Court of Arbitration for Sports (CAS), had previously dismissed Semenya’s lawsuit against the ban on her taking part in international athletics competitions. The Strasbourg court, however, ruled in July that her complaint contained “credible allegations of discrimination based on her elevated testosterone levels.”
Switzerland has exceeded its discretion in the case, which concerns “discrimination based on gender and sexual characteristics,” it says. The ruling had no impact on a possible start permit for Semenya.
Double Olympic champion Semenya
Semenya won Olympic gold over 800 meters in 2012 and 2016, but has been no longer allowed to compete in international races over her parade route since 2019 because of the so-called testosterone rule.
According to the world association’s rules, runners like Semenya with so-called “Differences of Sex Development” (DSD) are only allowed to compete internationally on the women’s distances between 400 m and the mile if they keep their elevated testosterone levels below a limit by taking medication press. Semenya refuses this. Over 5000 m, the strong runner has no chance against the lightweight specialists.