Olympian Caster Semenya wins appeal as human rights court calls testosterone rule discriminatory

A human rights court on Tuesday sided with Olympic runner Caster Semenya, saying a rule requiring her to lower her natural testosterone levels to participate in women’s events is discriminatory.

The European Court of Human Rights voted 4-3 in favor of Semenya’s appeal and expressed “serious questions” about the rule, which the World Athletics organization started enforcing in 2019.

World Athletics claims Semenya, who was legally identified as female when she was born and identifies as a woman, has an unfair advantage due to a differences in sex development (DSD) condition that gives her higher testosterone levels. Semenya, who won the women’s 800 meters at the 2012 and 2016 Olympics, declined to lower her testosterone levels and has repeatedly pushed back against the regulation.

The South African-born Semenya, 32, previously lost appeals to the Court of Arbitration for Sport in 2019 and Switzerland’s Federal Supreme Court in 2020. She submitted her appeal to the European Court of Human Rights in 2021.

Tuesday’s decision did not change World Athletics’ stance on its regulations and thus has not cleared Semenya to resume competing.

“We remain of the view that the DSD regulations are a necessary, reasonable and proportionate means of protecting fair competition in the female category as the Court of Arbitration for Sport and Swiss Federal Tribunal both found, after a detailed and expert assessment of the evidence,” World Athletics said in a statement.

World Athletics’ rules previously applied to races between 400 meters and a mile, but the organization introduced new regulations in March that include all events. Semenya competed in the 5000-meter event at the world championships last year, finishing in 13th place.

Semenya won three women’s 800 meters titles at the World Athletics Championships between 2009 and 2017. She did not attend the 2020 Olympics but hopes to compete at the Summer Games in Paris next year.

With News Wire Services

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