Caster Semenya, the famed two-time Olympic champion distance runner from South Africa, has reached a pivotal juncture in her long-term litigation saga. Her fight is at the heart of track and field’s increasingly contentious sex eligibility regulations. The European Court of Human Rights recently ruled that Semenya experienced violations of her right to a fair hearing before Switzerland’s Supreme Court, which had previously upheld a decision by the Court of Arbitration for Sport (CAS) that effectively ended her career in the 800 meters.
Semenya first made headlines around the world as a teenager competing at the 2009 World Championships. Since that day, she has gone on to win two Olympic gold medals and three world championships in the 800 meters. During her time in the ring, she put together an amazing winning record of more than 30 straight wins. Her last race in her signature event came at the 2019 Prefontaine Classic when she won her last Mile race, running 1 min 55.7 sec.
The CAS decision required Semenya to lower her testosterone levels to be able to race the 800 meters. She has doggedly fought this requirement in a string of legal appeals. In doing so, her case has shone a bright light on questions of gender, fairness, and human rights in sports. After her options at CAS were exhausted, Semenya had to appeal to Switzerland’s Supreme Court, where she sought to have the CAS verdict overturned.
In a 15-2 ruling among the European court’s 17 judges, the European court issued a landmark ruling. It is against this background that Semenya’s appeal was partially upheld. Her right to be heard fairly, protected by the Swiss court’s ruling, was violated in the Swiss proceedings too. The 2020 ruling further ordered Switzerland to pay damages to Semenya. She will receive $94,000 to help offset her costs and expenses accrued during her costly legal battles.
The ruling was back in favor of Semenya, sending her case back down to the Swiss federal court in Lausanne. There, the court should give it a proper hearing. The European Court of Human Rights highlighted the need for “sensitive and rigorous judicial review”, particularly in cases involving fundamental rights. This position creates a much-needed precedent for future cases involving the rights of athletes.
“did not fall within Switzerland’s jurisdiction in respect of those complaints” – Court
And though Semenya deserves to be celebrated for her personal triumphs and victories on the track, she is indignant to the point of fury that her rights are not protected. She continues to insist that her high testosterone levels are a blessing just like her height, not a curse. This rationale echoes the larger debate over athletic eligibility and the role of biology in shaping athletic success.
Now, at 34, Semenya has taken up another role, as coach. She is still unapologetically fighting the system that has barred her from participating in her most loved events. Her return to competitive running after her maternity leave came with an appearance in the 5,000 meters at the 2022 world championship in Eugene, Oregon. Unfortunately for her, she did not make it past the heats.
This ruling from the European Court of Human Rights is a monumental win for Semenya. It matters intensely, too, in her still unfolding fight against the rules of track and field’s administration. Her dogged pursuit of justice has captured the hearts of countless people and underscores the complicated and pervasive issues of gender and competition in sports.
