Caster Semenya: A Partial Victory in the Fight for Fairness

Two-time Olympic champion Caster Semenya achieved a partial victory in her protracted legal battle as the European Court of Human Rights ruled in her favor. The decision, made with a 15-2 vote, addressed the violation of her rights to a fair hearing by the Swiss Supreme Court. Semenya had initially appealed to the Swiss court against a ruling from the Court of Arbitration for Sport, which upheld World Athletics' regulations regarding sex eligibility. Her case is now set to return to the Swiss federal court in Lausanne.

Despite this partial win, the Strasbourg court did not overturn the World Athletics rules that curtailed Semenya's career in the 800 meters, after securing two Olympic and three world titles. The court recognized that the Swiss Federal Court failed to conduct the necessary 'rigorous judicial review' as Semenya was compelled to resolve her case through the CAS's exclusive jurisdiction. Nonetheless, the court dismissed other elements of Semenya's appeal, suggesting they did not fall under Switzerland's jurisdiction.

The legal contest centers around whether athletes like Semenya, possessing naturally high testosterone and typical male chromosome patterns, should be permitted to compete in women's events. World Athletics argues that existing regulations ensure fairness, citing Semenya's testosterone as providing an undue advantage. Semenya, however, claims her capabilities are a genetic asset. The ruling follows a prior legal success for Semenya in the same court, which acknowledged discrimination against her and led to the Swiss Supreme Court's re-evaluation of its dismissal of her appeal.

(With inputs from agencies.)