Latest news with #fairhearing
BBC News
7 days ago
- BBC News
'We no go remain silent, Justice must prevail' - Support for Comfort Bob inside Ibom Air incident increase as NBA chook mouth
Nigeria Bar Association (NBA) don call on Ibom Air to immediately withdraw di life-time ban dem sama on female Ms Comfort Emmanson - Comfort Bob. Di NBA President Afam Osigwe, SAN, wey make dis demand for one statement e issue on Tuesday 12 August, tok say di decision to impose lifetime ban on Ms Emmanson without fair opportunity to hear her own side of di tori dey illegal. "Ibom Air so far don only present dia own version of events without giving her di chance to respond. Dis one-sided process, wey add to di ban by di AON, go against di fundamental principle of fair hearing and e render di decision legally and morally indefensible." Di president for di NBA for di statement tok say di power to suspend or restrict any passenger right to fly rest wit di appropriate statutory regulator, no be private associations or airline operators wey dey act alone. Di NBA reaction dey come afta one video show how airport securities take comot Ms Emmanson from one Ibom Airline flight on Sunday, 10 August after dem accuse her of unruly behaviour for di flight and for di airport. Di video show as dem take drag her out of di airplane for way, wey di NBA and some Nigerians find offensive and against her human right. Ibom Air and di Airline Operators of Nigeria (AON) bin impose life time ban on her. Police also charge her to court on five count charges wey include assault. Currently, she dey remanded for Kirikiri maximum correctional centre for Lagos state as she dey seek to perfect her bail.. NBA wey strongly condemn di way di airline authorities take treat Ms Emmanson plus di sanctions wey dem sama her say make di airline issue public apology to her and cooperate fully wit impartial investigation into di incident. Dem add say dem ready to provide her wit pro bono legal support to ensure say her rights dey protected and she get redress for di violations she suffer. "E dey deeply disturbing say dem forcefully remove Ms. Emmanson from di aircraft, dem strip her of her clothing for public, and subject her to humiliation wey dem feem and spread online." Di statement add say no pesin regardless of di circumstances, suppose dey treated in such a dehumanising manner. "We no go remain silent while di fundamental rights of any Nigerian dey trampled upon, whether by public authorities, private corporations, or individuals. Respect for human dignity and di rule of law must never be compromised, and for dis mata, justice must prevail." NBA tok for statement. NBA highlights laws wey dem break for di incident Ibom Air and di Airline Operators of Nigeria (AON) no get right to impose lifetime flight ban on Ms Emmerson, as di tori na one sided and dem neva hear from di passenger, and dat breach di fundamental principle of fair hearing and e render di decision legally and morally indefensible. Sake of dat, di association say make appropriate authorities carry out independent and impartial investigation bifor dem take any disciplinary action against di passenger. Also, di photographing, dissemination, and online circulation of indecent images of Ms. Emmanson na big invasion of privacy and na criminal act. NBA argue say dem suppose blur or edit di videos wey expose her nudity to di public. Dem say authorities must identify and prosecute those wey dey responsible for capturing and distributing di unedited footage. "Such acts destroy public trust and undermine di rights of all citizens to be treated wit dignity and respect," NBA add.
The Independent
10-07-2025
- Sport
- The Independent
Athlete Caster Semenya wins human rights fight over sex eligibility
The Grand Chamber of the European Court of Human Rights (ECHR) has ruled that track and field athlete Caster Semenya 's right to a fair hearing was violated by the Swiss judicial system. Semenya has been unable to compete in the 800-metre event since 2019 due to World Athletics ' rules on testosterone levels for female athletes, as she naturally produces higher levels. The 34-year-old was unsuccessful in challenging the rules at the Court of Arbitration for Sport and the Swiss federal court. The ECHR's judges found by a 15 to two majority that the Swiss courts had "fallen short" in providing a sufficiently rigorous judicial review of her complaint. The ruling means the case should now return to the Swiss federal court. World Athletics, not a party to the ECHR proceedings, maintains its rules are necessary for fair competition and has recently introduced stricter biological sex tests for female categories.
BBC News
10-07-2025
- Sport
- BBC News
Semenya's right to a fair hearing violated
Caster Semenya's right to a fair hearing was violated by the Swiss Federal Supreme Court when she lost a 2023 appeal against World Athletics regulations that effectively barred her from competing, Europe's top court has double 800m Olympic champion won a partial victory at the European Court of Human Rights (ECHR) in her long legal battle over athletics' sex eligibility 34, was born with differences of sexual development (DSD) and has been unable to compete in the 800m since World Athletics brought in rules in 2019 restricting testosterone levels for track events from 400m up to the South African middle distance runner believes World Athletics has shown discrimination against athletes with DSD by insisting they reduce testosterone levels in order to be governing body insists the rules, which in 2023 were expanded to cover all female track and field events, are needed to ensure fair competition and to protect the female was the Olympic champion over 800m in 2012 and 2019, she unsuccessfully challenged World Athletics' rules at the Switzerland-based Court of Arbitration for Sport (Cas).In July 2023 the ECHR ruled in favour of Semenya in a case related to testosterone levels in female case at the ECHR was not against sporting bodies or DSD rules, but specifically against Switzerland's government for not protecting Semenya's rights and dates back to a Swiss Supreme Court ruling from government requested the matter be referred to the ECHR's Grand Chamber, which has now found that the Swiss ruling "had not satisfied the requirement of particular rigour" under Article 6 (right to a fair hearing) of the European Convention on Human the Grand Chamber found Semenya's complaints under Articles 8 (right to respect for private life), 13 (right to an effective remedy) and 14 (prohibition of discrimination) inadmissible as they "did not fall within Switzerland's jurisdiction".As the case concerns the Swiss government and not World Athletics, it will not immediately affect the current restrictions on DSD said the outcome was "great for me, great for athletes" after leaving the court in Strasbourg, France."This is a reminder to the leaders [that] athletes need to be protected," she said."Before we can regulate we have to respect athletes and put their rights first."Decisions made by the ECHR's Grand Chamber are not open to appeal. Semenya's case could now go back to the Swiss federal court in Athletics declined to comment.
The Independent
10-07-2025
- Sport
- The Independent
Caster Semenya wins ECHR appeal as sex eligibility case set to return to court
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. 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. 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". 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". 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). Semenya's legal team and World Athletics have been contacted for comment following the Grand Chamber ruling. PA
The Independent
10-07-2025
- Sport
- The Independent
Caster Semenya's right to a fair hearing was violated, ECHR rules
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. 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. 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'.
