European Court of Human Rights rules in favour of Caster Semenya


By REGINALD KANYANE

25 July 2025- Sonke Gender Justice said it welcomes the recent ruling by the Grand Chamber of the European Court of Human Rights involving Olympic champion Caster Semenya. The ruling found that Semenya was denied a fair hearing by the Swiss Federal Tribunal, where she had appealed a decision by the Court of Arbitration for Sport in favour of World Athletics. 

Sonke Gender Justice Co-Executive Director, Bafana Khumalo said in its ruling, the ECHR judgment said the Swiss Federal Supreme Court failed to provide the athlete the level of judicial scrutiny required when reviewing the 2019 arbitration decision. Khumalo said Semenya had contested the World Athletics Federation regulation, which prevents women with Differences in Sexual Development from competing in female sports.

ā€œShe was expected to undergo medical processes to reduce her testosterone level and faced discrimination for being different. Sonke believes that sports governing bodies are supposed to be inclusive and provide equal opportunities and safe spaces for women to compete fairly.

ā€œThis court ruling serves as a reminder for all institutions to move beyond mere words and actively practice accountability in upholding human rights. We welcome this judgement which sets out an important jurisprudence on how these matters should be dealt with fairly going forward,ā€ he said.

Khumalo further said they commend Semenya for her tenacious courage and fortitude in staying the course fighting for human rights of all. He added that it is unfortunate that she has been denied in the meantime from exercising her talents for years which has certainly set her back in her illustrious career.

ā€œBut other athletes in similar circumstances will benefit from this decision. Sonke recommends that the World Athletic Federation and other sports organisations should review their regulations to avoid such cases of human rights violations in the future,ā€ said Khumalo.

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