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South African Runner Caster Semenya Wins Human Rights Case, But Other Restrictions Could Remain

The world body that governs track and field has no plans to revoke its testosterone rules.

Two-time Olympic gold medalist Caster Semenya won her appeal to the European Court of Human Rights (ECHR), which found that she was discriminated against by rules in world track and field that would force her to medically reduce her naturally high testosterone levels to compete, the ECHR announced Tuesday (July 11).

But the Associated Press reports that the 4-3 ruling by the Strasbourg, France-based human rights court is a partial victory for the 32-year-old South African middle distance runner. The decision did not strike down the rules introduced in 2019 by World Athletics, the body that governs track and field, to regulate the hormone levels of female athletes. World Athletics said the controversial rule would “remain in place”

Since 2019, the rules have barred Semenya from running in her favorite 800-meter race because she refuses to artificially suppress her testosterone, which World Athletics officials say gives her a competitive advantage over female competitors with normal hormone levels.

Before the case landed at the ECHR, Semenya lost her appeal to the Court of Arbitration for Sport in April 2019 and lost a second appeal in September 2020 to Switzerland’s Federal Supreme Court.

With more legal battles ahead, Semenya’s lawyers said the ECHR’s ruling established an important principle.

“Caster has never given up her fight to be allowed to compete and run free,” her attorneys said, according to the AP. “This important personal win for her is also a wider victory for elite athletes around the world. It means that sporting governance bodies around the world must finally recognize that human rights law and norms apply to the athletes they regulate.”

Semenya’s win at the ECHR opened the door for the Swiss supreme court to reconsider its decision. A victory there could lead to the case going back to the Court of Arbitration, which could result in the World Athletics revoking the rule.

Caster Semenya Once Offered To Show Track Officials Her Body To Prove She’s A Woman

Semenya, who was born female and has identified as female her entire life, has a condition that causes her to have testosterone levels in the male range. She’s not alone. The testosterone level rule impacts at least three other female Olympic medalists with naturally high testosterone.

Semenya is a two-time women’s 800m Olympic champion, a three-time 800m world champion and a double Commonwealth Games middle distance gold medalist.

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