Olympic Gold Medalist Caster Semenya Wins Partial Victory in Sex Eligibility Case
On Thursday, July 7 the European Court of Human Rights handed Caster Semenya a partial victory in her seven-year battle against track and field’s sex eligibility rules, according to AP News.
The court’s highest chamber, consisting of 17 judges, said in a 15-2 vote that the two-time Olympian had some of her rights to a fair hearing violated at Switzerland’s Supreme Court, where she had appealed against a ruling in favor of track’s World Athletics by the Court of Arbitration for Sport.
In the ruling, the court declined to rule on other aspects of Semenya’s case, including the question of whether the world title holder was discriminated against in Swiss courts. The European court in Strasbourg, France, said those issues were outside Switzerland’s jurisdiction. Four judges gave a partial dissent to the majority view.
The case between Semenya and track’s governing body based in Monaco was originally about whether athletes who have a typical male chromosome pattern and naturally high testosterone levels should be allowed to compete freely in women’s sports.
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Since 2009, Semenya has won two Olympic and three world titles. The World Athletics rules that effectively ended Semenya’s career was not overturned by the European court’s ruling, according to CBS42.
Semenya’s case will likely go back to the Swiss federal court in Lausanne. Other sports that have passed or are reviewing their own rules on eligibility in women’s events, will be paying attention to how Semenya’s case continues to unfold.
To celebrate her victory, the Olympic champion posted herself standing in the court chamber on her social media. She captioned the victory image with three raised fists, reminiscent of Black power fists.
“Today, my patience in this journey has been rewarded with a result that will pave the way for all athletes’ human rights to be protected,” Semenya said in a statement, according to CBS42.