Caster Semenya has secured a decisive legal victory in her ongoing battle against the regulations imposed by World Athletics.
European human rights court reverses World Athletics ban on Caster Semenya
On Thursday, 11 July 2025, the Grand Chamber of the European Court of Human Rights (ECHR) ruled that her rights had been violated by the Swiss judicial system, particularly her right to a fair hearing.
The case stems from World Athletics’ rule, introduced in 2018, requiring athletes with naturally high testosterone levels to take hormone-suppressing medication to compete in women’s races between 400 metres and a mile. Semenya, a two-time Olympic champion in the 800m, refused to undergo such treatment and was subsequently barred from participating in her preferred events from 2019 onwards.
The 34-year-old athlete, who was born with differences in sexual development (DSD), first challenged the rule at the Court of Arbitration for Sport (CAS). When that effort failed, she took her case to the Swiss Federal Supreme Court, which also ruled against her.
Her next step was the ECHR, where a lower chamber ruled in July 2023 that the Swiss courts had not provided adequate safeguards for her complaint.
The case was then escalated to the Grand Chamber of the ECHR, where the latest judgement found, by a 15 to two majority, that Switzerland had violated Article 6 of the European Convention on Human Rights.
This article guarantees the right to a fair hearing. The court found that the Swiss courts had “fallen short” in offering a review process that matched the seriousness of the personal rights in question.
In practical terms, this means Semenya’s case will return to the Swiss Federal Supreme Court for reconsideration. The ECHR’s ruling is final and cannot be appealed.
While the Grand Chamber dismissed other parts of Semenya’s complaint—such as the right to privacy and protection from discrimination—on jurisdictional grounds, the central ruling in her favour marks a pivotal moment.
According to The Independent, the court stated that Semenya was denied a fair and effective review of her complaint against World Athletics, even though the governing body was not a direct party to the ECHR proceedings.
The athlete’s argument against the testosterone regulation focused not only on its discriminatory impact but also on the potential health risks of the required hormone treatments.
She insisted that competing should be based on her natural physiological traits without having to modify them.
Semenya missed the opportunity to defend her Olympic title in Tokyo due to the enforcement of these regulations. Now, with the ECHR decision, new avenues could open for her return to competitive athletics.
