Deprived of competition due to her particularly high testosterone levels, South African athlete Caster Semenya is once again pleading her case before the European Court of Human Rights (ECHR) this Wednesday, May 15. The double Olympic champion says to herself “ trusting » to win.
Published on: 05/15/2024 – 12:00
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« This is an important day in my journey as a human being and an athlete. It took a long time to arrive “, said Caster Semenya in a press release sent by his lawyers. “ In 2009, I stood on the top step of the podium at the World Championships in Berlin straight after a sex exam and knowing that the world was judging my body and questioning my gender. For 15 years, I have persevered with dignity in the face of oppression “, she continued, saying to herself “ confidente” before the hearing.
800m specialist, Olympic champion in 2012 and 2016, world champion in 2009, 2011 and 2017, the South African has been fighting for years against the regulations of World Athletics, the World Athletics Federation. Since her first world title, Caster Semenya has sparked debate in the world of athletics because she naturally produces a lot of male hormones (androgens), which can increase muscle mass and improve performance.
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A financial pit for an athlete who hasn’t run for over a year
Already banned from competition several times due to this physiological particularity, Caster Semenya denounces new controversial rules: since 2018, World Athletics has imposed hormonal treatment on hyperandrogenic athletes to lower their testosterone levels and allow them to compete in women’s races. A regulation since confirmed by the Court of Arbitration for Sport, as well as by the Federal Court of Lausanne.
Since March 2023, World Athletics has even tightened its rules: from now on, hyperandrogenic athletes must maintain their testosterone level below the threshold of 2.5 nanomoles per liter for 24 months (instead of 5 nanomoles for six months) to compete in the women’s category, regardless of distance.
Caster Semenya, who refuses to submit to these rules, took the case to the European Court of Human Rights (ECHR). And on July 11, 2023, the court ruled in his favor. However, the ECHR’s first instance judgment was only handed down by a narrow majority of four judges to three, which pushed the Swiss authorities, supported by World Athletics, to refer the matter to the Grand Chamber. It is the most solemn instance of the European Court, a sort of appeal instance. This time, 17 judges who will examine this case. Their decision should not be made for several months.
This legal marathon represents a cost for the double Olympic champion, who has not run since March 2023 and launched, in February 2024, a call for donations. Its South African counsel, who work pro bono, had estimated that the hearing costs could amount to some 170,000 euros. “ It’s absolutely crazy, ridiculous. This is why we turn to the public », Explained his lawyer Gregory Nott. At first instance, the ECHR granted Caster Semenya “ 60,000 euros for costs and expenses ».
