Two-time Olympic gold medallist Caster Semenya scored a partial legal victory on Thursday at the European Court of Human Rights (ECHR), as the court ruled that her right to a fair trial had been violated in Switzerland during her legal battle against World Athletics’ controversial testosterone regulations. Semenya, who has been barred from her signature 800-meter event since 2018 for refusing to undergo hormone suppression therapy, has fought for over seven years against rules requiring female athletes with differences of sex development (DSD) to medically reduce their natural testosterone levels in order to compete in women’s events.
In a 15-2 majority decision, the ECHR’s Grand Chamber found that the Swiss Supreme Court, which previously upheld a decision by the Court of Arbitration for Sport (CAS) in favor of World Athletics, failed to offer Semenya adequate procedural safeguards. The ECHR determined Switzerland violated her right to a fair hearing under Article 6 of the European Convention on Human Rights. However, the court rejected other claims by Semenya—including allegations of discrimination and infringement on her right to private life—declaring them inadmissible.
The ruling does not directly overturn World Athletics’ DSD regulations, which currently prevent athletes like Semenya, who are biologically female but have higher-than-typical levels of testosterone, from competing in women’s track events between 400 meters and one mile without undergoing medical treatment. World Athletics, led by President Sebastian Coe, has defended the policy, arguing that naturally elevated testosterone levels in DSD athletes provide an “unfair male-like advantage” in female competition. Semenya, now 33, maintains that her hormonal profile is a natural gift, not a violation of fairness.
Though the decision does not reinstate her eligibility, it opens the door for her case to return to the Swiss Federal Court in Lausanne, potentially reigniting debate over the legality and ethics of testosterone regulations in sport. Semenya, a South African icon and three-time world champion, has long been a symbol of the global debate over gender, biology, and fairness in athletics. The ruling adds pressure on Switzerland—and by extension, sports governing bodies—to ensure that athletes’ legal and human rights are respected during disputes over eligibility rules.
