Historic win for Caster Semenya in European human rights court

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The Grand Chamber found that Switzerland failed to properly scrutinise Semenya’s human rights concerns in her prior legal challenges before the Court of Arbitration for Sport (CAS) and the Swiss Federal Supreme Court. It concluded that Semenya was denied a fair hearing and that the disproportionate burden placed on her by World Athletics' regulations violated her fundamental rights.

Represented by Norton Rose Fulbright South Africa and an international team of counsel, including Tyr LLP (Toronto) and Cloisters Chambers (London), Semenya has long argued that the regulations — which required women with differences of sex development (DSD) to undergo invasive medical treatment in order to compete — were discriminatory and harmful.

"I have waited 15 long years for this judgment," said Semenya in response to the ruling. "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. I have given up what I wanted in the hope that others may have what they need. I hope this victory will inspire young women to be and to accept themselves in all their diversity."

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“This is a resounding victory not only for Caster but for the principles of equality, fairness, and bodily autonomy in international sport," said Gregory Nott, director at Norton Rose Fulbright South Africa and lead counsel. "The Court recognised the imbalance that athletes like Caster face when challenging powerful governing bodies. It is a reminder that all sportspeople are entitled to fundamental human rights, and those rights must be protected.”

This judgment is final and binding and is expected to set an important precedent for athlete rights globally, particularly where the governance of sport intersects with human rights obligations.