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ECHR Rules Switzerland Denied Caster Semenya a Fair Hearing

Switzerland must pay €80,000 following the Grand Chamber’s 15-2 verdict, with the case set to return to its federal court under unchanged eligibility rules

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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 court’s 17-judge Grand Chamber found by a 15-2 vote that Swiss courts failed to provide a rigorous Article 6 hearing for Semenya’s appeal against World Athletics’ testosterone regulations
  • Judges ordered Switzerland to cover €80,000 in Semenya’s legal expenses after concluding that her right to a fair trial was breached
  • World Athletics’ rules on limiting testosterone levels for athletes with differences of sex development remain in effect, keeping Semenya barred from elite competition
  • The case is remanded to the Swiss Federal Court in Lausanne to reassess procedural compliance with human rights standards
  • The ruling could shape future challenges to eligibility policies across other Olympic and professional sports