The European Court of Human Rights court has sided with two-time Olympic gold medalist Caster Semenya in her appeal against World Athletics rules that have kept her from elite competitions.
While the victory was critical for the 32-year-old Semenya, who was down to the last appeal to save her career, it is unclear how much Tuesday’s ruling will enable her to compete in next summer’s Paris Olympics. The human rights court found that Semenya “had not been provided sufficient institutional and procedural safeguards” by the Switzerland court. But because the ruling was not against World Athletics itself, she will have to file more legal challenges to the actual regulation.
“We remain of the view that the … 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 AthleticsSemenya won gold medals in the 800 meters at both the London 2012 and Rio 2016 Olympics as well as in three world championships.
After losing her appeals to CAS and Switzerland’s top court, Semenya tried to make the 2020 Tokyo Olympics in the 200 meters but couldn’t achieve the required qualifying time and abandoned her pursuit before the Games.to cut in half the allowed testosterone level for female competitors, essentially creating a ban on transgender women and women with conditions similar to Semenya’s.
“We continue to take the view that we must maintain fairness for female athletes above all other considerations,” World Athletics President Sebastian Coe said in a statement at the time. “We will be guided in this by science around the physical performance and male advantage which will inevitably develop over the coming years.”
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