US Edition
Human rights court rules Olympic champion runner Semenya did not get fair hearing in Switzerland
SWITZERLAND, JUL 10 – The European Court of Human Rights found Switzerland denied Semenya a rigorous judicial review in her seven-year fight against testosterone-based eligibility rules, awarding her €80,000 for legal costs.
- The European Court of Human Rights ruled that Semenya's right to a fair hearing was violated by Switzerland's Supreme Court, remanding her case for reconsideration.
- The flaw arose because the Swiss Federal Supreme Court's review lacked the rigorous examination required, ignoring the mandatory jurisdiction of the Court of Arbitration for Sport and prior validations in 2019 and 2020.
- The European Court of Human Rights' Grand Chamber found that Switzerland's review of Semenya's case lacked the required rigorous judicial examination, voting 15-2, and ordered Switzerland to pay €80,000 for costs.
- The case returns to Swiss federal court in Lausanne, with the ruling being symbolic and not overturning regulations, as lawyers and sports bodies await next steps.
- The European Court of Human Rights' ruling is seen as a watershed, pressuring sports federations and the IOC to reform DSD rules, as barrister Yasin Patel called it 'transformative'.
186 Articles
186 Articles
Daily Journal
Caster Semenya's sex eligibility battle has confounded sports for 16 years and still isn't over
The sex eligibility case of champion runner Caster Semenya has been one of the most contentious and most complex that sports has seen. Semenya, a two-time Olympic champion in the 800 meters, is banned from running in women’s competitions because…
The European Court of Human Rights ruled that the Swiss Federal Supreme Court violated Caster Semenya's right to a fair trial when she was denied an appeal in 2023 against World Athletics regulations that effectively banned her from competing.
Caster Semenya’s appeal to Swiss supreme court was not properly heard, says human rights court
The Grand Chamber of the European Court yesterday upheld a 2023 ruling that two-time 800m Olympic champion Caster Semenya’s appeal to the Swiss Federal Tribunal (the country’s supreme court) against regulations that barred her from competing had not been properly heard.
The hyperandrogenic athlete greeted Thursday "a positive result" but assures that the "combat is not over".
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