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The Independent UK
The Independent UK
Sport
Jamie Gardner

Athlete Caster Semenya wins human rights fight over sex eligibility

  • The Grand Chamber of the European Court of Human Rights (ECHR) has ruled that track and field athlete Caster Semenya's right to a fair hearing was violated by the Swiss judicial system.
  • Semenya has been unable to compete in the 800-metre event since 2019 due to World Athletics' rules on testosterone levels for female athletes, as she naturally produces higher levels.
  • The 34-year-old was unsuccessful in challenging the rules at the Court of Arbitration for Sport and the Swiss federal court.
  • The ECHR's judges found by a 15 to two majority that the Swiss courts had "fallen short" in providing a sufficiently rigorous judicial review of her complaint. The ruling means the case should now return to the Swiss federal court.
  • World Athletics, not a party to the ECHR proceedings, maintains its rules are necessary for fair competition and has recently introduced stricter biological sex tests for female categories.

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