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ECHR Rules Semenya Denied Fair Hearing and Sends Case Back to Swiss Court

Switzerland’s top court must reexamine her appeal after judges ruled the arbitration process lacked safeguards, with Semenya still ineligible under current rules

South Africa's Caster Semenya, center, answers reporters with lawyers Gregory Nott, left, and Shona Jolly KC after Semenya won a partial victory at the European Court of Human Rights on in her seven-year legal fight against track and field's sex eligibility rules, Thursday, July 10, 2025 in Strasbourg, eastern France. (AP Photo/Antonin Utz)
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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

  • The ECHR Grand Chamber unanimously found that Switzerland violated Semenya’s right to a fair hearing under Article 6 of the European Convention on Human Rights
  • The final ruling cannot be appealed and sends the case back to the Swiss Federal Court in Lausanne for renewed judicial review
  • The court dismissed her complaints under Articles 8, 13 and 14 as inadmissible, leaving only the procedural breach claim intact
  • The decision does not overturn World Athletics’ 2018 testosterone regulations, so Semenya remains barred from competing in elite women’s events
  • Legal experts warn the outcome may set a precedent for how sports bodies balance competitive fairness with inclusion for athletes with DSD conditions