Johannesburg – The Commission for Gender Equality (CGE) in SA has called for an end to discrimination against athlete Caster Semenya who has been frozen out of the sport for refusing to take medicine to lower her testosterone levels.
As the world observes International Human Rights Day, the CGE said it notes that there are still many discriminatory hurdles that intersex persons must overcome.
The European Court of Human Rights (ECHR) ruled on Caster Semenya’s case in July this year.
It found that World Athletics is bound by international law and may not discriminate without compelling reasons for doing so.
The CGE on Sunday said the ruling “provides hope” in overcoming discriminatory practices in sports.
The CGE fully supports the judgment of the European Court of Human Rights as it reaffirms the right to equality, dignity, and bodily integrity for Caster Semenya irrespective of her sexual orientation.
The CGE said ironically, despite this judgment, Semenya and many other women athletes may still be banned from competing in sports under World Athletics regulations, as World Athletics’ recent Regulations are more restrictive and accordingly degrade women athletes by violating their rights to bodily integrity, dignity, and equality.
The CGE said it was aware that the ECHR Grand Chamber will hear the case of Semenya for a final ruling following a referral from the Swiss government.
However, it was not specified when the case would be re-examined, and this raises concerns given the continued restriction and exclusion of athletes who refuse to take medication to lower their testosterone levels.
“This continued discrimination is in contrast to the International Human Rights’ Day that reminds us of the inalienable rights that everyone is entitled to as a human being, regardless of race, colour, religion, sex or other status,” said the CGE.
“In line with South Africa’s obligations under the Convention on the Elimination of All Forms of Discrimination against Women, the Commission will lobby the Minister of International Relations and Cooperation, the Minister of Sports, Arts & Culture, and the SA ambassador to Switzerland in Berne to advocate for the withdrawal of the referral of the above matter at the Grand Chamber of the European Court of Human Rights.”
The CGE said it reaffirms its commitment to promoting inclusivity and equality in sports and beyond, and to strive for a world where every individual can pursue their athletic aspirations without fear of discrimination or prejudice.
