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European Court of Human Rights grants Caster Semenya's appeal

Posted : 11 July 2023
The European Court of Human Rights (ECHR) has ruled in favor of South African athlete Caster Semenya in a case concerning testosterone levels in female athletes.

Semenya, who has differences of sexual development (DSD), is currently not allowed to compete in events between 400m and a mile without undergoing testosterone-reducing treatment.

This decision by the court follows a long-standing dispute between Semenya and World Athletics, the governing body of track and field.
 
The case brought before the ECHR was against the Swiss government for not protecting Semenya's rights, stemming from a Swiss Supreme Court ruling three years ago.

In its judgement, the ECHR found that the Swiss government had failed to adequately safeguard Semenya from discrimination when its Supreme Court upheld the decision by the Court of Arbitration for Sport (CAS) to support World Athletics' regulations on athletes with DSD.
 
Semenya has consistently argued against taking testosterone-reducing medication, citing potential risks to her health and maintaining that she should be allowed to compete based on her natural abilities.

As a result of the ruling, she was unable to defend her 800m title at the Tokyo Olympics, which were postponed to 2021. Despite previous legal battles, Semenya has vowed to continue fighting against the regulations imposed by World Athletics.
 
The ECHR's decision acknowledges the lack of sufficient safeguards for Semenya in Switzerland to address her complaints of discrimination due to her increased testosterone levels caused by her DSD.

The ruling highlights the importance of protecting the rights of athletes with DSD and their ability to rely on their natural abilities when competing in women's events.
 

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