World Athletics questions European Court of Human Rights decision on Caster Semenya

In the wake of the European Court of Human Rights decision that double Olympic 800m champion Caster Semenya was discriminated against by World Athletics, the global body for international athletics has insisted its rules on differences in sex development (DSD) will remain in place.

Tuesday’s ruling from the European Court of Human Rights (ECHR) found World Athletics forcing of the two-time Olympic champion to lower her testosterone levels in order to compete was discriminatory.

Semenya had made two unsuccessful legal attempts to overturn the ruling at the Swiss Federal Court and the Lausanne-based Court of Arbitration for Sport, which ruled in 2019 that World Athletics' rules were necessary for fair competition.

She lodged an appeal to the ECHR in February 2021, but did not compete at Tokyo 2020 having missed the qualifying mark for the women's 5,000m.

Semenya returned to the World Athletics Championships in Oregon last year for the first time since her third 800m world title in 2017, but failed to progress through her heat in the 5,000m.

However, as the case on which the judgement was handed down was against the Swiss Government rather than World Athletics, which means they are not bound by the judgement.

In a statement released late yesterday on the judgement, the federation advised “World Athletics notes the judgment of the deeply divided Chamber of the European Court of Human Rights.

“We remain of the view that the DSD regulations are a necessary, reasonable and proportionate means of protecting fair competition in the female category as the Court of Arbitration for Sport and Swiss Federal Tribunal both found, after a detailed and expert assessment of the evidence. The case was filed against the state of Switzerland, rather than World Athletics.

“We will liaise with the Swiss Government on the next steps and, given the strong dissenting views in the decision, we will be encouraging them to seek referral of the case to the ECHR Grand Chamber for a final and definitive decision. In the meantime, the current DSD regulations, approved by the World Athletics Council in March 2023, will remain in place.”

World Athletics has consistently argued its rules are lawful and necessary to ensure female athletes participate on fair and equal terms, and President and International Olympic Committee member Sebastian Coe last year hit out at "second-rate sociologists" who have questioned its stance.

Nonetheless, Semanya’s lawyers Schona Jolly and Claire McCann welcomed the ruling.

As reported by The Guardian, the pair advised “we are absolutely delighted for our client.

"Caster has never given up her fight to be allowed to compete and run free.

"Today’s judgment is testament to her resilience and courage.

"This important personal win for her is also a wider victory for elite athletes around the world.

"It means that sporting governance bodies around the world must finally recognise that human rights law and norms apply to the athletes they regulate."

Semenya, who was unable to chase a third consecutive Olympic gold medal in the women's 800m at Tokyo 2020 due to World Athletics' ruling has argued the rules are discriminatory and that testosterone reducing pills make her feel "constantly sick".

In another high-profile case, Namibia's Christine Mboma and Beatrice Masilingi both missed out on competing in their preferred women's 400m distance event at Tokyo 2020 due to the DSD rules.

Both competed in the 200m instead, with Mboma earning a silver medal and Masilingi placing sixth.

Further rule changes introduced in March reducing the amount of blood testosterone permitted for athletes with DSD and extending the provisions to all track and field events have ruled both athletes out of this year's World Championships, due to open in Budapest on 19th August.

An interim ruling allowed athletes competing in previously unrestricted events to compete if they supressed testosterone levels below 2.5 nanomoles per litre for a minimum of six months, but this left insufficient time for Mboma or Masilingi to participate in the Hungarian capital.

Images: Caster Semenya was unable to chase a third consecutive Olympic gold medal in the women's 800m at Tokyo 2020 due to World Athletics' controversial ruling. Here she competes in the 800 metres at Rio 2016. Credit: Shutterstock/Celso Pupo.