On July 10, 2025, the European Court of Human Rights (ECHR) delivered a landmark ruling affirming that Caster Semenya, the South African double Olympic 800m champion, was denied a fair hearing by the Swiss Federal Supreme Court during her long legal battle over World Athletics' controversial testosterone regulations. This partial victory, while not overturning the existing rules that have barred her from competing since 2019, marks a significant moment in the ongoing debate over inclusivity, fairness, and human rights in elite sports.
Semenya, now 34, has been sidelined from her favored 800m event due to World Athletics' 2019 regulations that require female athletes with differences of sex development (DSD) to reduce their natural testosterone levels below 2.5 nmol/L for at least six months to compete in events ranging from 400m to the mile. These rules were expanded in 2023 to cover all female track and field events and further reinforced with the introduction of cheek swab tests designed to detect the SRY gene on the Y chromosome, effectively barring transgender women and some DSD athletes from female categories.
The ECHR's Grand Chamber ruled by a 15-2 majority that the Swiss Federal Supreme Court had "fallen short" of providing the "rigorous judicial review that was commensurate with the seriousness of the personal rights at issue," thus violating Semenya's right to a fair hearing under Article 6 of the European Convention on Human Rights. However, complaints under Articles 8 (right to respect for private life), 13 (right to an effective remedy), and 14 (prohibition of discrimination) were declared inadmissible as they did not fall within Switzerland's jurisdiction.
This ruling stems from Semenya's challenge to the Court of Arbitration for Sport's (CAS) 2019 decision upholding World Athletics' regulations, a challenge that was also rejected by the Swiss Federal Tribunal in 2020. Semenya then took her case to the ECHR in 2021, arguing that the Swiss government had failed to protect her human rights during these proceedings.
Speaking after the verdict, Semenya expressed a profound sense of relief and purpose: "This is bigger than we ever thought. I don't think this is about competition. It's about human rights. It's about the protection of the athletes. My role is to become a voice for those who cannot speak out." She added, "For someone who has been waiting for over 15 years, to be able to hear that, I mean, you know, you feel heard, it's a beautiful feeling. The past is the past. I mean, we focus on the future. I'll say at the moment, I'll say reborn. And, feel fulfilled."
Semenya's legal team, led by lawyer Schona Jolly, noted the ruling's significance. Jolly told BBC Sport, "As of today, the governance of international sport needs to sit up and take notice of an athlete's fundamental rights. It's not possible to put this aside and say 'the substantive rights of the athlete don't matter'. They firmly do." While the ruling does not immediately change World Athletics' regulations, it requires that Semenya’s case be reconsidered by the Swiss federal court in Lausanne.
World Athletics has consistently maintained that the testosterone regulations are necessary to ensure fair competition in the female category. The governing body emphasized that the rules are based on scientific research showing that athletes with Semenya's specific DSD condition—46 XY 5-alpha-reductase deficiency (5-ARD)—retain significant male-like physiological advantages, including circulating testosterone levels comparable to the male 46 XY population. This condition means Semenya was born with male XY chromosomes but was legally identified as female at birth due to her external anatomy.
World Athletics, which was not a party to the ECHR proceedings, declined to comment directly on the ruling but reiterated its commitment to fairness in female competition. In early 2025, the organization approved the introduction of cheek swab DNA tests to identify the presence of the SRY gene, further tightening eligibility criteria for the female category.
The ruling has drawn attention beyond athletics, as World Boxing recently introduced mandatory chromosomal testing following controversies at the Paris 2024 Olympics regarding gender eligibility in women's boxing. The International Olympic Committee, under new leadership, is reportedly considering similar measures across all sports to clarify biological sex classifications.
Despite the legal setbacks and her absence from competition since 2019, Semenya remains a towering figure in athletics. She dominated middle-distance running for a decade, winning Olympic gold in 2012 and 2016 and securing three World Championship titles in 2009, 2011, and 2017. Her winning streak included 30 consecutive victories culminating in the Doha Diamond League 800m in May 2019.
However, the introduction of the testosterone regulations forced Semenya to make a difficult choice. She refused to take medication to suppress her natural hormone levels due to adverse health effects she experienced as a teenager, including sickness, weight gain, and panic attacks. "Running was never meant to be a permanent part of my life," she told SABC Sport earlier this year, explaining her transition into coaching and advocacy.
Legal experts view the ECHR ruling as a watershed moment. Seema Patel, Associate Professor of Law at Nottingham Trent University, described it as a "partial victory" that underscores the importance of rigorous judicial processes in sports disciplinary cases. "The judgment was never going to change the World Athletics rules, but this makes it far less likely that they will be reviewed," she explained. "At least it does alert sport that Convention rights apply in sport disciplinary processes and the ECHR are willing to enforce those." Yasin Patel, a leading sports barrister, echoed this sentiment, calling the ruling "a watershed moment for sports law" that could prompt sports federations and the IOC to rethink regulations to ensure legal compliance or risk having them struck down.
The Swiss Human Rights Institution (ISDH), an independent body, highlighted the "significant power imbalance between the individual athlete and the world governing body before the Court of Arbitration for Sport," criticizing the Swiss Federal Supreme Court for interpreting its review powers too narrowly in Semenya's case.
While the ECHR's Grand Chamber ruling cannot be appealed, it is expected to send Semenya's case back to the Swiss federal court for further judicial review. This development keeps Semenya's fight alive, not just for her own rights but for those of other athletes with DSDs who face similar challenges.
In the wake of this ruling, Semenya remains determined to continue advocating for inclusivity and human rights in sport. "It's a battle for human rights now," she said recently. "It's not about competing, it's about putting athletes' rights first. It's about the protection of athletes." Her journey underscores the complex intersection of biology, law, and fairness in modern athletics—a debate that is far from over.
