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Caster Semenya: South African double Olympic champion wins partial victory at European Court of Human Rights in her long legal battle over athletics’ sex eligibility rules.

The Swiss Federal Supreme Court violated its right in Swissa in a fair hearing when it lost the 2020 appeal against the global athletics regulations that prevented it effectively from competition, and the Supreme Court in Europe ruled.

The 800m dual Olympic champion won a partial victory in the European Court of Human Rights (ECHR) in her long legal battle over the rules of sexual qualification for athletics.

Semeneya, 34, was born with differences in sexual development (DSD) and has not been able to compete at 800 meters since global athletics have brought rules in 2019 that restrict testosterone levels to the path events from 400 meters to mile.

Middle Earth in South Africa believes that world athletics showed discrimination against athletes with DSD by insisting that they reduce testosterone levels in order to be eligible.

Speaking to the BBC Sport after the ruling, Siminia said: “This is greater than we thought. I do not think this is related to competition. It is related to human rights. It is related to the protection of athletes.

“My role is to become a voice for those who cannot speak.”

The ruling athletics body insists that the rules, which were expanded in 2023 to cover all events of the female paths and field, are necessary to ensure fair competition and protect the female category.

Semenya was the Olympic champion more than 800 meters in 2012 and 2016.

In 2019, the world’s athletics rules were faced at the Arbitration Court in Switzerland, Switzerland.

In July 2023 I ruled Echr in favor of Semenya In the event that is related to the levels of testosterone in sports.

The issue was not in the European Human Rights Agreement against sports bodies or DSD bases, but specifically against the Switzerland government for not protecting the rights of Semenia and dates back to a Swiss Supreme Court ruling From 2020.

The Swiss government asked the issue to refer the issue to the Grand Echr room, which now found that the Swiss rule “did not accept a specific condition” under Article 6 (the right to a fair hearing) of the European Convention on Human Rights.

The judges said that the Swiss court review “has decreased” from this requirement.

However, Grand Ramber found Semenya complaints under Articles 8 (the right to respect for private life), 13 (right to effective treatment) and 14 (the prohibition of discrimination) is unacceptable because it “did not fall within the jurisdiction of Switzerland.”

Since the issue is related to the Swiss government, not for world athletics, it will not immediately affect the current restrictions on DSD athletes.

Semenya said that the result was “overwhelming”, adding: “For someone who was waiting for more than 15 years, to be able to hear that, I mean, as you know, you hear, it is a beautiful feeling.

“The past is the past. I mean, we are focusing on the future. I will say now, I will say again. I feel satisfied.”

The decisions made by the Great Echr room are not open to appeal.

The Siminia case can now return to the Swiss Federal Court in Lausanne.

Sports lawyer, Shona Jolie, said they needed time to address the ruling before deciding on the next step, but he told BBC Sport Siminia, “it was justified.”

“As of today, the International Sports Administration needs to sit and note the basic rights of the athlete,” Jolly said.

“It is not possible to put this aside and say” the objective rights of the athlete does not matter. “They are doing firmly.”

The Minister of Sports in South Africa welcomed Gaiton McKenzi to rule, saying: “Syster Siminia has become a challenge against injustice in global sport, and this victory in court is a victory for every African child.”

World Athletics refused to comment.

https://ichef.bbci.co.uk/ace/branded_sport/1200/cpsprodpb/1c1d/live/d18c7160-5da3-11f0-b5c5-012c5796682d.jpg
2025-07-10 10:31:00

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