Johannesburg – Athlete Caster Semenya has won her case against discrimination at the European Court of Human Rights.
Semenya complained about certain regulations of the International Association of Athletics Federations requiring her to take hormone treatment to decrease her natural testosterone level to be able to take part in international competitions in the female category.
Having refused to undergo the treatment, two-time Olympic 800m champion was no longer able to take part in international competitions.
Semenya won the gold medal in the women’s 800m at the Olympic Games in London (2012) and Rio de Janeiro (2016) and is also a three-time world champion.
In the matter of Semenya vs Switzerland, the European Court of Human Rights on Tuesday held, by a majority (4 votes to 3), “that there had been: a violation of Article 14 (prohibition of discrimination) taken together with Article 8 (right to respect for private life) of the European Convention on Human Rights, and a violation of Article 13 (right to an effective remedy) in relation to Article 14 taken together with Article 8 of the Convention”.
The court found that the applicant had not been afforded sufficient institutional and procedural safeguards in Switzerland to allow her to have her complaints examined effectively and that the domestic remedies available to the applicant could not be considered effective in the circumstances of the present case.
The South African Human Rights Commission (Commission), which filed its submission as Third-Party Intervener before the European Court of Human Rights (ECtHR) in the matter of Semenya v Switzerland said it “welcomes the finding”.
The rights body added: “This is the first time for the Commission to be involved in human rights litigation in an international forum.
“Its engagement thus marks a significant milestone in its work regarding gender equality.”
Department of Sport, Arts and Culture Minister Zizi Kodwa said he welcomes the decision by the court, which vindicates Semenya’s fight for her dignity and reinforces the call for the protection of women’s rights in sport.
Minister Zizi Kodwa said: “As a two-time Olympic champion and three-time World champion, Caster Semenya has repeatedly displayed excellence and dignity on and off the athletics track”.
He added: “Caster has done so throughout her career whilst being subjected to offensive treatment, which has led to her being prevented from competing in her favoured events.
“While the fight to have Caster racing in her favoured athletics events continues, the ruling by the European Court of Human Rights is a clear statement at how Caster has faced discrimination in her fight against the offensive regulations she has been subjected to.
“I have repeatedly stated that women’s rights are human rights. As the South African government, we will continue to support Caster and Athletics South Africa (ASA) in the fight for the dignity of women athletes, and for Caster’s right to race again in her favoured events.”
However, after the ruling by the France-based court, the World Athletics issued a statement insisting its rules would “remain in place.”
“We remain of the view that the … 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,” World Athletics said.
World Athletics also said it would be “encouraging” the government of Switzerland to appeal the ruling.
