Two-time Olympic gold medallist Caster Semenya secured a partial victory on Thursday in her long-running legal battle against track and field’s sex eligibility rules. The European Court of Human Rights (ECHR) ruled that her right to a fair hearing had been violated by Switzerland’s Federal Supreme Court.
In a 15-2 decision, the ECHR’s Grand Chamber found that the Swiss court failed to conduct the “rigorous judicial review” required under the circumstances, since Semenya had no choice but to challenge World Athletics’ regulations through the Court of Arbitration for Sport (CAS), which holds “mandatory and exclusive jurisdiction” over such disputes.
“The court considered, however, that the Federal Supreme Court’s review had fallen short of that requirement,” the ruling stated.
The court ordered that the case be referred back to Switzerland’s federal judiciary in Lausanne for reconsideration. However, the ECHR dismissed other elements of Semenya’s complaint, stating she “did not fall within Switzerland’s jurisdiction in respect of those complaints.”
Although this latest decision does not overturn World Athletics’ regulations—which effectively ended Semenya’s ability to compete in the 800 meters, where she won two Olympic and three world titles—it represents a significant legal win for the South African athlete.
The court also awarded Semenya €80,000 (approximately $94,000) “in respect of costs and expenses.” She was present in Strasbourg, France, for the ruling.
At the heart of the broader legal dispute is whether athletes with differences in sex development (DSD)—including those like Semenya, who have XY chromosomes and naturally elevated testosterone levels—should be permitted to compete in female categories without medically lowering their hormone levels.
World Athletics, under the leadership of president Sebastian Coe, argues that these regulations are necessary to ensure fairness, claiming that Semenya’s naturally high testosterone gives her a male-like performance advantage. Semenya, for her part, has always maintained that her condition is a genetic gift and that forcing athletes to alter their bodies to compete is discriminatory.
Thursday’s ruling builds on a previous ECHR decision in 2023, which concluded that Semenya had been the victim of discrimination. That earlier decision paved the way for a possible review of the Swiss Supreme Court’s earlier support for the CAS verdict in favour of World Athletics.
Back in 2019, a panel of three CAS judges ruled 2-1 that World Athletics’ rules were discriminatory—but also necessary and proportionate to protect the integrity of women’s sport.
