Caster Semenya’s right to a fair hearing was violated, ECHR Grand Chamber rules
Caster Semenya’s right to a fair hearing was violated, according to an ECHR ruling today.
But World Athletics is unlikely to change its rules in relation to Semenya despite the athlete winning a “partial victory” at the ECHR, a top legal expert has warned.
Two-time Olympic gold medallist Semenya has been unable to compete in the 800m for over five years after World Athletics introduced testosterone level limits on female athletes.
Semenya was legally identified as female at birth but produces higher levels of testosterone than fellow competitors without the condition. The ban from her favoured 800m event has been controversial.
But having been unsuccessful in challenging the rules at the Court of Arbitration for Sport (CAS) and the Swiss federal court, the Grand Chamber of the European Court of Human Rights (ECHR) today ruled that her rights were violated following similar accusations in 2023 by a lower chamber of the same court.
Thursday’s ruling comes as a result of the Swiss government referring the case to the Grand Chamber, and a 15-2 majority voted in favour of the notion that Semenya’s rights were violated.
Semenya: An expert’s view
“This is a partial victory,” Dr Seema Patel, Associate Professor in law at Nottingham Trent University, told City PM.
“The Grand Chamber ruled that Semenya’s right to a fair hearing in the Swiss Federal Court has been violated. There was an obligation to examine the case rigorously and this did not take place when they heard her complaint about the CAS decision.
“However, the GC did not agree that her complaints relating to respect for private life, right to an effective remedy and prohibition of discrimination under the European Convention on Human Rights, were within the scope of the Swiss Government’s jurisdiction.
“This makes it a limited decision in my view. The Judgment was never going to change the World Athletics rules, but this makes it far less likely that they will be reviewed. At least it does alert sport that Convention rights apply in sport disciplinary processes and the ECHR are willing to enforce those.”