Particle.news

Download on the App Store

ECHR Grand Chamber Finds Semenya Denied Fair Hearing and Sends Case Back to Swiss Courts

Awarded €80,000, the ruling leaves World Athletics’ 2018 testosterone regulations intact with the case now slated for fresh review in Swiss courts.

Image
Image
Athletics - Golden League Track and Field ISTAF - The Olympic Stadium, Berlin, Germany - September 4, 2022 South Africa's Caster Semenya in action during the women's 5000m REUTERS/Fabrizio Bensch/File Photo

Overview

  • A 15-2 majority of the ECHR Grand Chamber ruled that Switzerland breached Semenya’s right to a fair hearing by failing to provide adequate procedural safeguards.
  • Judges deemed her claims under the rights to private life, effective remedy and non-discrimination inadmissible, finding they lay outside Swiss jurisdiction.
  • The court ordered Switzerland to pay Semenya €80,000 to cover her legal expenses after concluding the federal court’s review fell short of required rigor.
  • World Athletics’ 2018 regulations requiring athletes with differences of sex development to suppress testosterone remain in force, keeping Semenya barred from the 800m since 2019.
  • The decision prolongs Semenya’s legal campaign over athlete rights and may influence sex-eligibility policies across sports, prompting calls for uniform standards.