The case of Caster Semenya, a hyperandrogenic athlete, will be examined by the Grand Chamber of the ECHR

The case of Caster Semenya, a hyperandrogenic athlete, will be examined by the Grand Chamber of the ECHR

The athlete is deprived of competition because she refuses to submit to the discriminatory rules of the International Athletics Federation.

On Monday 6 November the Grand Chamber of the European Court of Human Rights (ECHR) decided to examine the case of the South African athlete Caster Semenya. She is deprived of some competitions because she refuses to undergo hormone treatment to change her naturally high testosterone levels.

A first victory last July

Since 2019, the athlete has been locked in a standoff with the International Athletics Federation over its discriminatory rules against athletes who naturally produce excess testosterone.

The federation judges it the natural production of testosterone in these athletes is equivalent to the use of a doping product and would therefore excessively improve their performance. Accused of cheating, they must undergo hormone treatment to lower testosterone levels, under penalty of exclusion from competitions. By refusing to submit to these degrading rules, Caster Semenya was deprived of the right to compete in her preferred distance of 800 metres, following a decision by the Court of Arbitration for Sport (CAS), upheld by the Swiss courts.

The athlete then turned to the ECHR, in the hope of asserting a violation of her rights, and won the case on 11 July 2023. A first victory which, however, does not allow her to access the athletics tracks without proof.

In a press release, the ECHR explained that “ On 6 November 2023 the case was referred to the Grand Chamber at the request of the Swiss government », without confirming the date on which the case will be reviewed. Hoping that the future decision will finally invalidate the discriminatory rules of the federation.


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Source: Madmoizelle

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