Olympic champion Caster Semenya wins appeal against testosterone rules at human rights court

- Double Olympic champion runner Caster Semenya won an appeal against track and field’s testosterone rules on Tuesday when the European Court of Human Rights ruled she was discriminated against and there were “serious questions” about the rules’ validity.

Semenya was legally identified as female at birth and has identified as female her entire life, but regulations introduced by track and field’s governing body in 2019 forced her to artificially suppress her natural testosterone to be allowed to compete in women’s competitions. The Strasbourg-based rights court ruled in Semenya’s favor by a 4-3 majority of judges on the complaint of discrimination and noted she was denied an “effective remedy” against that discrimination through the two previous cases she lost at the Court of Arbitration for Sport and the Swiss supreme court.

The decision by the Switzerland-based CAS that rejected Semenya’s first appeal had not properly considered important factors such as the side effects of the hormone treatment, the difficulties for athletes to remain in compliance of the rules, and the lack of evidence that their high natural testosterone actually gave them an advantage, the European rights court said.

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