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ECHR Rules Semenya Denied Fair Hearing, Sends Case Back to Swiss Courts

The ruling sends her appeal back to Swiss courts for proper review, keeping the contested testosterone rules in place

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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)
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 Grand Chamber found by a 15–2 majority that Switzerland violated Semenya’s right to a fair hearing under Article 6 of the European Convention on Human Rights
  • Complaints under Article 8 (private life), Article 13 (effective remedy) and Article 14 (non-discrimination) were deemed inadmissible for falling outside Swiss jurisdiction
  • Switzerland must reimburse Semenya €80,000 for her legal costs and expenses
  • Her case is remitted to the Swiss Federal Court in Lausanne for a more rigorous judicial review
  • World AthleticsDSD testosterone eligibility regulations remain unchanged, continuing to bar her from competing in the women’s 800 metres