The European Court of Human Rights upholds Caster Semenya, a hyperandrogenic athlete deprived of competition

The European Court of Human Rights upholds Caster Semenya, a hyperandrogenic athlete deprived of competition

Suffering from hyperandrogenism, the South African runner Caster Semenya is deprived of competition because she refuses to undergo hormone treatments to modify her natural testosterone level. On 11 July 2023, the European Court of Human Rights recognized a violation of her rights.

It is a symbolic victory. The European Court of Human Rights has ruled in favor of the South African athlete Caster Semenya, two-time Olympic champion in the 800 meters, suffering from hyperandrogenism. Since 2019, she has been engaged in a showdown with the International Athletics Federation over its discriminatory rules against female athletes who naturally produce excess testosterone.

A revolting double standard

Indeed, the federation believes it the natural production of testosterone in these athletes is equivalent to the use of a performance-enhancing product and would therefore improperly enhance their performance. Accused of cheating, they are forced to undergo hormone treatments to lower their testosterone levels, on pain of exclusion from the competition.

Yet the extraordinary athletic performances of their male peers, such as swimmer Michael Phelps, whose body naturally produces less lactic acid, allowing him to swim more without feeling fatigued, are hailed and applauded. How to explain such a discrepancy?

By refusing to abide by these degrading rules, Caster Semenya was therefore deprived of the right to compete in her favorite distance of 800m.

A legal brawl

In 2020, the Swiss justice confirmed the decision of the Court of Arbitration for Sport (CAS), which validated the federation’s regulations, on behalf of “Sporting loyalty “. The athlete then turned to the European Court of Human Rights, hoping to assert a violation of his rights.

A legal battle that ended up bearing fruit, since this Tuesday July 11, the European Court of Human Rights found that the 32-year-old athlete was indeed a victim of discrimination and that his case had not been adequately investigated by Swiss justice.

If this decision does not allow him direct access to the athletics tracks without a test, it opens up the possibility of an appeal, provided that a five-judge panel deems it necessary for his case to be reviewed.

In 2020, following the Swiss decree, the athlete reaffirmed his will to fight” for the human rights of female athletes, on and off the track, until we can run as free as we were born “. This small victory reminds us that the fight is not won yet.


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Source: Madmoizelle

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