Particle.news

Download on the App Store

ECHR Upholds Testosterone Rule While Faulting Swiss Courts in Semenya Case

Her case will return to Switzerland’s Federal Court for procedural review following a ruling that her hearing fell short of fair trial standards.

Image
Caster Semenya erhält 80.000 Euro Schadensersatz
Caster Semenya startet für Südafrika.

Overview

  • The Grand Chamber found that World Athletics’ regulations on naturally high testosterone do not amount to discrimination under the European Convention on Human Rights.
  • Judges concluded that Semenya’s appeal in Switzerland lacked the rigorous fairness required and awarded her €80,000 in compensation.
  • Caster Semenya has been barred from elite women’s events since 2019 unless she reduces her blood testosterone below 2.5 nmol/L for two years under World AthleticsDSD rule.
  • CAS arbitration awards remain final on substance and can only be challenged procedurally before the Swiss Federal Court, which may now reconsider Semenya’s case.
  • The decision leaves the contested testosterone regulations in force and highlights tensions between sports governance, national courts, and human rights oversight.