Overview

• The court concluded by a 15-2 majority that Switzerland’s Federal Supreme Court failed to provide the rigorous judicial review required under Article 6 of the European Convention on Human Rights
• The decision is final and unappealable, directing a fresh hearing of Semenya’s challenge before the Swiss federal court in Lausanne
• Complaints under Articles 8, 13 and 14 were ruled inadmissible on the grounds that they did not fall within Switzerland’s jurisdiction
• World Athletics’ regulations mandating that athletes with differences of sex development lower natural testosterone levels remain fully in force
• Semenya’s seven-year legal struggle—from CAS arbitration and Swiss supreme court appeals to a 2023 ECHR chamber finding—has set a precedent on sports governance and human rights oversight