Caster Semenya says there are “serious questions” about the validity of World Athletics’ requirement that female athletes with high natural testosterone levels take drugs to lower them following a verdict by the European Court of Human Rights.
The ECHR ruled Tuesday, by a 4-3 majority, that the two-time Olympic 800-meter champion’s original appeal against World Athletics regulations had not been properly heard by the Swiss Federal Tribunal, criticizing the process followed rather than the verdict reached.
Semenya, 32, has a condition known as hyperandrogenism, which is characterized by higher than usual levels of testosterone, a hormone that increases muscle mass and strength and the body’s ability to use oxygen.
She has been fighting the regulations put in place in May 2019 that force athletes to medically lower their testosterone levels in order to compete.
“I am elated at the outcome of the ruling. It has been a long time coming,” Semenya said in a statement Wednesday. “I have and will always stand up for discrimination of any kind in sports. I have suffered a lot at the hands of the powers that be and have been treated poorly.
“The hard work that I have put in to being the athlete I am, has been questioned. My rights violated. My career impacted. All of it so damaging. Mentally, emotionally, physically and financially.”
The Swiss government, which was also ordered to pay Semenya 60,000 euros ($66,000) for costs and expenses, has three months to refer Tuesday’s ruling to the ECHR Grand Chamber for review. That process could take up to two years.
“Justice has spoken but this is only the beginning,” Semenya said. “My case at the European Court of Human Rights was against the ruling handed down by the government of Switzerland, and not World Athletics itself, but this decision will still be significant for all sportspersons in throwing doubt on the future of all similar rules.
“My hope is that Word Athletics, and indeed all sporting bodies, reflect on the statements made by the European Court of Human Rights and ensure that they respect the dignity and human rights of the athletes they deal with.”
World Athletics said in a statement to Reuters on Wednesday that it stood by its rules, which will remain in place.
“As the global governing body of athletics, we must and do consider the human rights of all our athletes,” the organization said. “Sport regulations by their very nature restrict people’s rights. When those rights are in conflict, it is our duty to decide if that restriction justifies the aim, which in this case is to protect female sport.
World Athletics said it believed the regulations were 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 found after assessing the evidence.
On Tuesday, World Athletics said it would be “encouraging” the government of Switzerland to appeal the ruling.
At least three other Olympic medalists have also been affected by the rules that set limits on the level of natural testosterone female athletes may have if they want to compete. World Athletics says there are “a number” of other elite athletes who fall under the regulations.
There are no testosterone limits in place for male athletes.
Semenya won gold in the 800 meters at the 2012 and 2016 Olympics but was prevented from defending her title at the Tokyo Olympics in 2021 because of the regulations.
Information from The Associated Press was used in this report.
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