
Caster Semenya's right to a fair hearing was violated, ECHR rules
Semenya was legally identified as female at birth but has a condition which means her body naturally produces higher levels of testosterone than women without the condition.
She was unsuccessful in challenging World Athletics' rules at the Court of Arbitration for Sport (CAS) and the Swiss federal court, but in July 2023 a lower chamber of the ECHR found her rights had been violated by the Swiss government because it had failed to provide sufficient safeguards for her complaint to be examined effectively.
Grand Chamber judgment Semenya v. Switzerland – Complaint by international athlete concerning set of World Athletics regulationshttps://t.co/JcWLWspX33#ECHR #CEDH #ECHRpress pic.twitter.com/6hFqJzTpgv
— ECHR CEDH (@ECHR_CEDH) July 10, 2025
The Swiss government referred the case to the ECHR's Grand Chamber in November 2023 and on Thursday morning, it was announced its judges had found by a 15 to two majority that Semenya's rights under Article 6 of the European Convention of Human Rights – the right to a fair hearing – had been violated.
A press release issued by the court said the judges had found the Swiss courts had 'fallen short' in providing what they felt should have been a 'rigorous judicial review that was commensurate with the seriousness of the personal rights at issue'.
The ECHR ruling, which cannot be appealed, should mean the case returns to the Swiss federal court.
The Grand Chamber ruled by a majority of 13 to four that complaints under Article 8 (right to respect for private life), Article 13 (right to an effective remedy) and Article 14 (prohibition of discrimination) were inadmissible. It found Semenya did not fall within Switzerland's jurisdiction in respect of those complaints.
Seema Patel, an associate professor specialising in sports law at the Nottingham Law School, had said prior to the Semenya decision being handed down that it would be a 'pivotal moment for how sport engages with human rights in its rule making'.
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Pavilion at the Beach, Dubai Marina (04 577 4357). Open Sun-Thu noon-2am, Fri-Sat noon-3am. Hilton Dubai Palm Jumeirah (04 230 0054). Fibber Magee's Screens are dotted everywhere around this much-loved Irish pub, making it a perfect venue to watch the Women's Euros final. If you're expecting to be able to enjoy the football in a quiet setting look elsewhere – because Fibbers seems to be a perennial home to a lively, Irish atmosphere. You'll find a six-hour happy hour between 2pm and 8pm with drinks starting from Dhs25, a Sunday to Friday happy hour between 1pm and 7pm as well as a Sunday roast from Dhs99. Open daily 8am-3am. Saeed Tower One, Sheikh Zayed Road (04 332 2400). Open Mun-Thu 9am-2am, Fri-Sat 9am-3am. Social Hotel, Barsha Heights. (04 332 2400) garden on 8 With loads of screens (and two huge ones) dotted around the terrace area, you needn't look further for a top place to watch the Women's Euro final in Dubai. 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Daily Mirror
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