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IOL News
12-07-2025
- Sport
- IOL News
CGE hails Caster Semenya's court victory as a pivotal moment for human rights in sport
Caster Semenya won in a landmark ruling in Switzerland. Image: File The Commission for Gender Equality (CGE) has welcomed the Grand Chamber of the European Court of Human Rights judgment that found that South African Olympian Caster Semenya was denied a fair trial by Switzerland's legal system. In a 15-to-two decision, the Grand Chamber ruled on Thursday that the Swiss Federal Supreme Court did not sufficiently review Semenya's appeal. This appeal was against the 2019 decision by the Court of Arbitration for Sport (CAS), which had upheld World Athletics' differences in sex development (DSD) regulations. This signifies a major turning point in her continuing legal struggle against rules that mandate athletes with differences in sex development to medically change their inherent hormone levels for competitive purposes. Semenya was awarded €80,000 (about R1.6 million) in legal costs by the court, despite not having sought damages. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Ad loading This decision, while not directly overturning the DSD regulations, paves the way for further legal challenges and increased scrutiny of how national courts address arbitration decisions concerning fundamental human rights. Javu Baloyi, spokesperson for the CGE, stated that the commission's monitoring role of international instruments, such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and Maputo protocols, is mandated by the CGE Act 39 of 1996, the Constitution of the Republic of South Africa, and the Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA). 'The CGE believes that it is important that state parties intentionally commit to eliminating discriminatory practices against women at all levels of society,' he said. The commission stated that this case was a test of how effective these instruments are and how the courts consider them in the advancement of gender equality. The CGE has played a critical role in this matter and has further lobbied for support both nationally and internationally, said Baloyi. 'We noted and welcome the judgment as it confirms that a right to a fair trial was infringed. We believe that a fair trial would have vigorously reaffirmed that the regulations are a form of unfair discriminatory practice that violates the right to dignity, equality, and bodily integrity, among others,' said Baloyi. According to Baloyi, from this ruling, the court succinctly pointed out that the limitation of Semenya's rights is based not on existing law but rather on the regulations of a sporting body.. 'Sporting bodies must develop regulations that seek to promote inclusivity and not discriminate unfairly against any person based on their gender.' Baloyi said the CGE would be engaging Athletics South Africa (ASA), South African Sports Confederation and Olympic Committee (SASCOC), the Department of Sport, Arts and Culture (DSAC), and other stakeholders in ensuring Semenya's rights and that of athletes with DSD are allowed to participate in sport both locally and internationally are affirmed. The CGE will continue to heighten activism against the World Athletics regulations that are discriminatory, he added. 'The CGE will draw lessons from this case and continue to influence and determine how to tackle gender discourse at the national, regional, and international levels.'
Yahoo
10-07-2025
- Sport
- Yahoo
Caster Semenya's right to a fair hearing was violated, ECHR rules
Track and field athlete Caster Semenya's right to a fair hearing was violated by the Swiss judicial system, the Grand Chamber of the European Court of Human Rights (ECHR) has ruled. The 34-year-old has been unable to compete in her favoured 800 metres event since 2019, following the introduction of limits on testosterone levels for female athletes by World Athletics. Advertisement Semenya was legally identified as female at birth but has a condition which means her body naturally produces higher levels of testosterone than women without the condition. She was unsuccessful in challenging World Athletics' rules at the Court of Arbitration for Sport (CAS) and the Swiss federal court, but in July 2023 a lower chamber of the ECHR found her rights had been violated by the Swiss government because it had failed to provide sufficient safeguards for her complaint to be examined effectively. The Swiss government referred the case to the ECHR's Grand Chamber in November 2023 and on Thursday morning, it was announced its judges had found by a 15 to two majority that Semenya's rights under Article 6 of the European Convention of Human Rights – the right to a fair hearing – had been violated. Advertisement A press release issued by the court said the judges had found the Swiss courts had 'fallen short' in providing what they felt should have been a 'rigorous judicial review that was commensurate with the seriousness of the personal rights at issue'. The ECHR ruling, which cannot be appealed, should mean the case returns to the Swiss federal court. The Grand Chamber ruled by a majority of 13 to four that complaints under Article 8 (right to respect for private life), Article 13 (right to an effective remedy) and Article 14 (prohibition of discrimination) were inadmissible. It found Semenya did not fall within Switzerland's jurisdiction in respect of those complaints. Seema Patel, an associate professor specialising in sports law at the Nottingham Law School, had said prior to the Semenya decision being handed down that it would be a 'pivotal moment for how sport engages with human rights in its rule making'. Advertisement World Athletics has not been a party to either of the ECHR proceedings but at the time of the 2023 ruling by the lower chamber it said it stood by its rules on lowering testosterone, describing them as 'a necessary, reasonable and proportionate means of protecting fair competition in the female category'. Caster Semenya was a gold medal winner in the women's 800m at the 2016 Rio Olympics, having also won the same event at London 2012 (Martin Rickett/PA) Earlier this year, track and field's global governing body strengthened its rules in this area further when its ruling council approved the introduction of cheek swab tests to determine biological sex. The introduction of these tests are designed to ensure only athletes found to be biologically female can compete in the female category, effectively barring transgender women and some athletes with differences of sexual development (DSD). Advertisement Semenya's legal team and World Athletics have been contacted for comment following the Grand Chamber ruling.
North Wales Chronicle
10-07-2025
- Sport
- North Wales Chronicle
Caster Semenya declares victory after ECHR rules she was denied fair hearing
The 34-year-old has been unable to compete in the 800 metres since 2019 following the introduction of limits on testosterone levels for female athletes by World Athletics. She unsuccessfully took her challenge against those rules to the Court of Arbitration for Sport (CAS) and then the Swiss Federal Supreme Court, but complained to the ECHR that her rights had been violated in that process. The Grand Chamber of the ECHR ruled on Thursday that the Swiss legal system had 'fallen short' in providing what they felt should have been a 'rigorous judicial review that was commensurate with the seriousness of the personal rights at issue' and that Semenya's right to a fair hearing had therefore been violated. ✊🏿✊🏿✊🏿 — Caster Semenya (@MightyCaster) July 10, 2025 The ruling, which is binding and cannot be appealed, is almost certain to mean that the case returns to the Swiss courts for further consideration, but does not have any impact at this stage on eligibility rules set by World Athletics or any other body. Semenya, an Olympic gold medallist over 800 metres in 2012 and 2016, said in a statement released by her legal team: 'I have waited 15 long years for this judgment. 'Today, my patience in this journey has been rewarded with a result that will pave the way for all athletes' human rights to be protected. 'I have given up what I wanted in the hope that others may have what they need. I hope this victory will inspire young women to be and to accept themselves in all their diversity. 'There is still much work ahead to achieve justice for women in sport and I will continue to support this effort and fight for young women athletes.' World Athletics has not commented on the judgement, given that it is not related to their female eligibility guidelines but rather about whether Semenya had been granted a fair hearing in Switzerland or not. The Swiss Human Rights Institution (ISDH), an independent body which does not speak for the country's federal authorities, felt the Grand Chamber had 'emphasised the significant power imbalance between the individual athlete and the world governing body before the Court of Arbitration for Sport and insisted that, given this imbalance, the Federal Supreme Court had interpreted its own review power too narrowly'. Grand Chamber judgment Semenya v. Switzerland – Complaint by international athlete concerning set of World Athletics regulationshttps:// #CEDH #ECHRpress — ECHR CEDH (@ECHR_CEDH) July 10, 2025 The ECHR ruled Semenya's complaints that other human rights were violated inadmissible, including the prohibition of discrimination. It found Semenya did not fall within Switzerland's jurisdiction in respect of those complaints. World Athletics has consistently stood by the rules it introduced on testosterone levels, and earlier this year has gone even further. Its ruling council has approved the introduction of cheek swab tests to determine eligibility for the female category. Only athletes found to be biologically female will be allowed to compete, effectively barring transgender women and some athletes with differences of sexual development (DSD).
Glasgow Times
10-07-2025
- Sport
- Glasgow Times
Caster Semenya declares victory after ECHR rules she was denied fair hearing
The 34-year-old has been unable to compete in the 800 metres since 2019 following the introduction of limits on testosterone levels for female athletes by World Athletics. She unsuccessfully took her challenge against those rules to the Court of Arbitration for Sport (CAS) and then the Swiss Federal Supreme Court, but complained to the ECHR that her rights had been violated in that process. The Grand Chamber of the ECHR ruled on Thursday that the Swiss legal system had 'fallen short' in providing what they felt should have been a 'rigorous judicial review that was commensurate with the seriousness of the personal rights at issue' and that Semenya's right to a fair hearing had therefore been violated. The ruling, which is binding and cannot be appealed, is almost certain to mean that the case returns to the Swiss courts for further consideration, but does not have any impact at this stage on eligibility rules set by World Athletics or any other body. Semenya, an Olympic gold medallist over 800 metres in 2012 and 2016, said in a statement released by her legal team: 'I have waited 15 long years for this judgment. 'Today, my patience in this journey has been rewarded with a result that will pave the way for all athletes' human rights to be protected. 'I have given up what I wanted in the hope that others may have what they need. I hope this victory will inspire young women to be and to accept themselves in all their diversity. 'There is still much work ahead to achieve justice for women in sport and I will continue to support this effort and fight for young women athletes.' World Athletics has not commented on the judgement, given that it is not related to their female eligibility guidelines but rather about whether Semenya had been granted a fair hearing in Switzerland or not. The Swiss Human Rights Institution (ISDH), an independent body which does not speak for the country's federal authorities, felt the Grand Chamber had 'emphasised the significant power imbalance between the individual athlete and the world governing body before the Court of Arbitration for Sport and insisted that, given this imbalance, the Federal Supreme Court had interpreted its own review power too narrowly'. Grand Chamber judgment Semenya v. Switzerland – Complaint by international athlete concerning set of World Athletics regulationshttps:// #CEDH #ECHRpress — ECHR CEDH (@ECHR_CEDH) July 10, 2025 The ECHR ruled Semenya's complaints that other human rights were violated inadmissible, including the prohibition of discrimination. It found Semenya did not fall within Switzerland's jurisdiction in respect of those complaints. World Athletics has consistently stood by the rules it introduced on testosterone levels, and earlier this year has gone even further. Its ruling council has approved the introduction of cheek swab tests to determine eligibility for the female category. Only athletes found to be biologically female will be allowed to compete, effectively barring transgender women and some athletes with differences of sexual development (DSD).
New Straits Times
10-07-2025
- Sport
- New Straits Times
Semenya wins appeal against Swiss Federal Tribunal ruling
BERN: The Grand Chamber of the European Court today upheld a 2023 ruling that double 800 metres Olympic champion Caster Semenya's appeal to a Swiss Federal Tribunal against regulations that barred her from competing had not been properly heard. Semenya is appealing against World Athletics regulations that female athletes with differences in sexual development (DSDs) medically reduce their testosterone levels. The verdict of the Grand Chamber, part of the European Court of Human Rights, does not set aside these rules. Under World Athletics rules, female DSD athletes must lower their level of testosterone to below 2.5 nmol/L for at least six months to compete. This can be done medically or surgically. Semenya, 34, is not seeking a return to the track and has turned to coaching, but says she is carrying on the fight for other DSD athletes, who she says are discriminated against. The verdict, which does not give an opinion on the fairness of the regulations, opens the door for Semenya to continue her challenge to the regulations, which she says are discriminatory. "It's a battle for human rights now," the South African recently told reporters. "It's not about competing. It's about putting athletes' rights first. It's about the protection of athletes." The Grand Chamber declared inadmissible Semenya's complaint of violations to her right to privacy and effective remedy, or that she considers herself a victim of discrimination. Semenya challenged the rules but lost at the Court of Arbitration for Sport in Switzerland in 2019 and again at the Swiss Supreme Court in 2020. But the ECHR ruled in July 2023, by a majority of four votes to three, that Semenya's original appeal to a Swiss Federal Tribunal against the regulations had not been properly heard. The Swiss courts, encouraged by World Athletics, appealed that verdict to the ECHR Grand Chamber. The case could now return to the Swiss courts, or possibly the Court of Arbitration for Sport. World Athletics told Reuters today they had no comment on the ECHR case, which does not relate to their regulations, but they have previously denied any attempt to discriminate against athletes. "World Athletics has only ever been interested in protecting the female category. If we don't, then women and young girls will not choose sport. That is, and has always been, the Federation's sole motivation," the sports body said in a previous statement to Reuters. "We remain of the view that the DSD regulations are a necessary, reasonable and proportionate means of protecting fair competition in the female category as the Court of Arbitration for Sport and Swiss Federal Tribunal both found, after a detailed and expert assessment of the evidence." - REUTERS
