South African athlete Caster Semenya, prevented from participating in certain races because she refuses treatment to lower her testosterone levels, won a legal battle on Tuesday (July 11th) against Switzerland, before the European Court of Human Rights. man, who considers the 32-year-old athlete a victim of discrimination. Swiss justice had confirmed in 2020 a decision of the Court of Arbitration for Sport (CAS) validating a regulation of the International Athletics Federation (World Athletics, ex-IAAF). This forces the hyperandrogenic athlete, double Olympic champion in the 800m, to take hormone treatment to lower her testosterone levels if she wants to align with her favorite distance. This judgment of the ECHR does not however invalidate the regulations of World Athletics and does not directly open the way for Semenya to participate in the 800m without treatment. In a decision rendered with a narrow majority of four judges against three, the ECHR thus considers that Switzerland has violated Article 14 of the European Convention for the Protection of Human Rights, relating to the prohibition of discrimination, combined with Article 8, which protects the right to privacy.
Published on: 07/11/2023 – 16:44
South African Caster Semenya during the 2022 African Athletics Championships. AFP – FABIEN DUBESSAY
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