Semenya Secures Partial Legal Victory in Long Battle Over Sex Eligibility Rules

AP | In a landmark ruling, two-time Olympic champion Caster Semenya has won a partial victory at the European Court of Human Rights (ECHR) in her seven-year legal battle against World Athletics’ sex eligibility regulations.

The Strasbourg-based court ruled 15-2 that Semenya’s right to a fair hearing was violated by Switzerland’s Supreme Court during her appeal of a Court of Arbitration for Sport (CAS) decision that upheld testosterone-limiting rules. However, the ECHR did not rule on whether Semenya faced discrimination in Swiss courts – a point of dissent among four judges.

The case will now return to the Swiss Federal Court in Lausanne, with implications extending beyond athletics as other sports review their eligibility policies.

Semenya, who has naturally high testosterone due to a Difference in Sex Development (DSD), was barred from competing in the 800 meters after World Athletics introduced rules in 2018 requiring female athletes with DSD to medically lower their testosterone levels. She argues these regulations are discriminatory and arbitrary – what some dissenting judges have referred to as a “lex Semenya.”

While the ECHR did not overturn the contentious athletic eligibility rules, it found fault in the judicial oversight process, stating that Switzerland’s Supreme Court failed to conduct the rigorous review necessary given CAS’s exclusive jurisdiction over international sports disputes.

World Athletics maintains its policy is essential to preserving fairness in women’s competition. Semenya, now 34 and a coach, insists her fight is about principle – not personal gain.

This latest ruling follows a 2022 ECHR judgment that allowed Switzerland’s top court to reconsider its earlier dismissal of Semenya’s appeal.

As the legal saga continues, the global sports community watches closely, aware that the outcome could redefine how fairness, rights, and inclusion are balanced in elite women’s athletics.