logo
Caster Semenya's right to a fair hearing was violated, ECHR rules

Caster Semenya's right to a fair hearing was violated, ECHR rules

Yahoo10-07-2025
Track and field athlete Caster Semenya's right to a fair hearing was violated by the Swiss judicial system, the Grand Chamber of the European Court of Human Rights (ECHR) has ruled.
The 34-year-old has been unable to compete in her favoured 800 metres event since 2019, following the introduction of limits on testosterone levels for female athletes by World Athletics.
Advertisement
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.
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.
Advertisement
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'.
Advertisement
World Athletics has not been a party to either of the ECHR proceedings but at the time of the 2023 ruling by the lower chamber it said it stood by its rules on lowering testosterone, describing them as 'a necessary, reasonable and proportionate means of protecting fair competition in the female category'.
Caster Semenya was a gold medal winner in the women's 800m at the 2016 Rio Olympics, having also won the same event at London 2012 (Martin Rickett/PA)
Earlier this year, track and field's global governing body strengthened its rules in this area further when its ruling council approved the introduction of cheek swab tests to determine biological sex.
The introduction of these tests are designed to ensure only athletes found to be biologically female can compete in the female category, effectively barring transgender women and some athletes with differences of sexual development (DSD).
Advertisement
Semenya's legal team and World Athletics have been contacted for comment following the Grand Chamber ruling.
Orange background

Try Our AI Features

Explore what Daily8 AI can do for you:

Comments

No comments yet...

Related Articles

Australia's swimming dominance: Small population but big results
Australia's swimming dominance: Small population but big results

Washington Post

timean hour ago

  • Washington Post

Australia's swimming dominance: Small population but big results

SINGAPORE — Australia has a relatively small population. But Australia is a giant when it comes to competitive swimming. Whether it's the Olympics, or as it is this time with the swimming world championships opening in the pool in Singapore on Sunday, Aussie swimmers grace the podium. 'We have swimming in our DNA as a country,' Rohan Taylor, Australia's head coach, told The Associated Press.

Australia's swimming dominance: Small population but big results

timean hour ago

Australia's swimming dominance: Small population but big results

SINGAPORE -- Australia has a relatively small population. But Australia is a giant when it comes to competitive swimming. Whether it's the Olympics, or as it is this time with the swimming world championships opening in the pool in Singapore on Sunday, Aussie swimmers grace the podium. 'We have swimming in our DNA as a country,' Rohan Taylor, Australia's head coach, told The Associated Press. 'We have to be particular and purposeful in finding the talent,' he added. "And then it's the coaching. We can't get it wrong. We get one crack at the talented athlete.' Australia won seven gold medals and 18 overall at last year's Paris Olympics, second in both categories to the United States. The United States has 340 million people, almost 13 times Australia's population of 27 million. The Americans won eight gold and 28 overall. China, No. 3 with 12 overall, won only two gold medals from a population of 1.4 billion — 52 times Australia's. Australia's women are swimming powers, led by Kaylee McKeown and Mollie O'Callaghan. Add in Moesha Johnson, who has already won the 10- and 5-kilometer open-water races in Singapore and expects to race the 800 and 1,500 in the pool. McKeown won the 100 and 200 backstroke in Paris and in Tokyo in 2021. She also won both races two years ago at the worlds in Fukuoka, Japan. O'Callaghan is the defending 200 freestyle winner for Paris. Then there's men like Kyle Chalmers, who won the 100 free at the Olympics in Rio de Janeiro in 2016 and has piled up nine Olympics medals and 12 in world championships. 'They have done so well on the international stage — multiple times,' Taylor said. "So it's another opportunity for them to add to their CVs.' For French star Léon Marchand, the world championships mean easing off. He won four individual Olympic gold medals a year ago in Paris. The Los Angeles Olympics in 2028 are still far off. Time to swim a lighter schedule. None of that for Canadian Summer McIntosh. She won three individual gold medals in Paris, but will go for five in Singapore, a test run for her program in Los Angeles. These worlds, a year after the Olympics, feature swimmers in their prime, older swimmers who want to see if they can make it to LA, and young swimmers making their debut. Another worlds is set for 2027 in Budapest, Hungary — the final proving ground before the 2028 Olympics. Marchand is expected to race only the 200 and 400 individual medley races in Singapore, dropping the 200 breaststroke and 200 butterfly. He won gold in all four in Paris, but wants to be fresh from the two IM races and world-record shots. In Singapore, McIntosh will go in the two IMs, the 200 fly, and the 400 and 800 freestyle. She did not swim the 800 free in Paris. This time she will, which sets up a showdown with American superstar Katie Ledecky — maybe the most anticipated race of the worlds. The eight gold medals that U.S. swimmers won to top the Paris standings was their lowest victory total at the Olympics since the 1988 Seoul Games, when the Americans fell to East Germany. Singapore is the place to regroup and add youth, with the home Los Angeles Olympics in view. The American men had a tough Olympics with the only gold from Bobby Finke in the 1,500. Look for some new faces in Singapore. 'The average age of our men's team is younger than the average age of our women's team,' U.S. coach Greg Meehan told The AP. He said it was 'the first time in recent memory.' He ran off names like freestylers Jack Alexy, Luke Hobson, and Rex Maurer and Luka Urlando in the butterfly. 'I do acknowledge that the rest of the world is getting better. There is no doubt about it,' Meehan said. 'I love a challenge — I'm going to lean into that.' Familiar names stand out on the women's side — Katie Ledecky, Gretchen Walsh, Torri Huske, Kate Douglass and Regan Smith. Ledecky, of course, is a nine-time Olympic gold medalist and holds world records in the 800 and 1,500 freestyle. Walsh holds the world record in the 100 fly, and Smith in the 100 backstroke. Yes. A 12-year-old swimmer named Yu Zidi from China is competing in the world championships, and her incredible times mean she might win a medal. At 12. Yu has qualified in the 200 and 400 IMs and the 200 fly. Her time of 2:10.63 in the 200 IM was the fastest ever from a 12-year-old swimmer — female or male. Yu has a best in the 200 fly of 2:06.83 and 4:35.53 in the 400 IM. Both times would have been good enough for fourth place in last year's Olympics. The Chinese stars are Pan Zhanle, who set a world record of 46.40 in 100 freestyle in Paris, and Qin Haiyang. Qin holds the world record in the 200 breaststroke in 2:05.48.

Peter Bol lifts lid on special Gout Gout prediction amid Usain Bolt comparisons
Peter Bol lifts lid on special Gout Gout prediction amid Usain Bolt comparisons

Yahoo

timean hour ago

  • Yahoo

Peter Bol lifts lid on special Gout Gout prediction amid Usain Bolt comparisons

Peter Bol has told Yahoo Sport Australia he is keen to join an elusive club and compete in his fourth Olympics at LA 2028 having also revealed the sky is the limit for 17-year-old track teammate Gout Gout who could eclipse Usain Bolt's feats. Bol and Gout were once again making headlines in the Diamond League Monaco meet earlier this month with the 800m Aussie champion breaking his own national record with a time of 1:42.55. Bol finished fourth in the race with winner Emmanuel Wanyonyi recording the fastest-time of the year. However, Bol proved he is only getting faster with the 31-year-old translating his form in Australia to overseas competition. And his much younger teammate, and recent roommate, Gout was also breaking records. The 17-year-old phenom fell short of cracking the 20 second barrier in the 200m having run at a disadvantage against a strong headwind during his debut win at the Diamond League. While Gout opted to run in the U-23 men's division, he still left a lasting impression having blitzed his opponents and won his race in 20.10 seconds. Gout was fortunate to have been paired with Bol as a roommate during his time in Monaco with the 800m champion acting as the veteran in the team. And Bol admitted it's hard to offer too much advice to a young star who is tracking alongside Olympic legend Bolt at the same age. Although Bol, who became a household name in Australia after his feat at the Tokyo Olympics, said it was embracing the nerves that can take him to a new level. "It was his first Diamond League circuit. He is an impressive kid. We get to spend a bit of time [together]. I was thinking about what advice can I give someone who is so impressive at such a young age and achieving so much," Bol told Yahoo Sport Australia at the I.V. Liquid 'The Funnest Fun Run event'. "The only thing I could think of is to be yourself and be prepared to be more nervous than ever. It happens. You've got to go through it. And he is going to do it well. He has got everyone around him. His coach is amazing. His management team, he is impressive as a kid." Peter Bol claims Gout has no limit in 200m Ever since Gout burst onto the athletics scene as a teenager in Australia, the Queensland-born runner has been compared to the greatest sprinter of all-time. As a 16-year-old, Gout bettered Bolt's 200m record at the same age. Gout then joined Bolt as one of the six fastest under-20 athletes of all-time with his 19.98 time last year. Although the time didn't count as a national record because it was wind-assisted. And Bol has witnessed Gout's ability on the track and claimed there is no limit to what he can achieve going forward. Bol also predicted Gout has time on his hands and his best could come at the Brisbane 2032. "I don't think he has a limit. It is definitely doable and it is realistic for a guy with his potential and for a guy with his expert team. Everything is there for him. He is hard working. I could bet on it. I think he will reach amazing heights," Bold said on his track teammate. "And the beauty of that is he might reach the top of his heights in Brisbane. Where he is he can medal at home, that is super special." Peter Bol eyes fourth Olympics in LA Bout's recent national record in Monaco was the 28th fastest run of all-time. The 31-year-old is showing no signs of slowing down having closed the gaps on the likes of Wanyonyi. And Bol said beating a number of the best runners in the world has given him confidence heading into Tokyo this September. "The whole year I've been in a good place. I've been pretty confident and running really well in Australia. So it's always great to head overseas and keep that consistency going. Winning is important, it's what we are required to do at a championship. At Monaco we had all the finalists from last year on the start line. So it was great to beat a few of them," he said. "Because I've always believed I am one of the top guys in the world. So believing it is one thing, then doing it is a whole different level. So it gives you a lot of confidence heading into the World Championships in Tokyo. Last time I was in Tokyo at the Olympics I came fourth, so my goal is to done one step better and that is on the podium." And Bol has set a goal of featuring in the LA Olympics, which would mark his fourth games representing Australia. "I came to this country as a 10-year-old and to say I have the ability to go for a fourth Olympic Games is pretty special," he added. Bol was taking part in the Liquid I.V. 'The Funnest Fun Run', which reminds people to stay hydrated and exercise. "I do run professionally, so when I get the chance to do something fun like a bit different, less fun engaging with the community."

DOWNLOAD THE APP

Get Started Now: Download the App

Ready to dive into a world of global content with local flavor? Download Daily8 app today from your preferred app store and start exploring.
app-storeplay-store