Caster Semenya: South African athlete wins key ruling at European Court of Human Rights

South Africa's star athlete Caster Semenya has won a key ruling at the European Court of Human Rights (ECHR) in relation to her fight with the World Athletics on female athletes with differences in sexual development (DSDs).

The ECHR has ruled that her right to a fair hearing was violated by the Swiss courts in her challenge against World Athletics’ DSD rules, which she won by a majority of 15-2.

Before the ECHR favourable ruling, Semenya was unsuccessful in challenging World Athletics' rules at the Court of Arbitration for Sport (CAS) and the Swiss federal court, but in July 2023 a lower chamber of the ECHR found her rights had been violated by the Swiss government because it had failed to provide sufficient safeguards for her complaint to be examined effectively.

However, the ruling does not overturn World Athletics’ DSD policy or lift the ban on her participation, but it underscores the procedural unfairness she faced and awards her €80,000 in damages.

Semenya has been unable to compete in her favoured 800 metres event since 2019, following the introduction of limits on testosterone levels for female athletes by World Athletics.

Under World Athletics rules, female DSD athletes must lower their level of testosterone to below 2.5 nmol/L for at least six months to compete. This can be done medically or surgically.

She was legally identified as female at birth but has a condition which means her body naturally produces higher levels of testosterone than women without the condition.

The 34-year-old multiple world championships and Olympic medallist who has turned to coaching now, has said the fight continues for other athletes.