Caster Semenya Wins Fair Hearing Appeal, Ban Remains

Caster Semenya, the two-time Olympic 800m champion from South Africa, has won a partial legal victory at the European Court of Human Rights (ECHR), which ruled that Swiss courts failed to provide her a fair hearing when upholding World Athletics' regulations that restrict testosterone levels in female athletes with Differences of Sexual Development (DSD). Although the ECHR decision found procedural violations in Semenya's case, it did not overturn World Athletics' rules that require athletes with certain intersex conditions to medically reduce testosterone to compete in women's middle-distance events. Semenya, who has male XY chromosomes and naturally high testosterone levels due to her condition, has been barred from competing since 2019 after refusing hormone-suppressing treatment. The ruling awarded Semenya €80,000 for the lack of a proper judicial review but left intact the policies that have effectively ended her elite athletic career. Semenya has emphasized that her fight is about protecting athletes' rights and human rights, not just competition, highlighting the ongoing debate surrounding fairness and inclusion in women's sports. The case underscores the tension between scientific regulations in sport and the rights of athletes with intersex traits.