The Grand Chamber of the European Court have upheld a 2023 ruling that double 800 metres Olympic champion Caster Semenya's appeal to a Swiss Federal Tribunal against regulations that barred her from competing had not been properly heard.
Semenya is appealing against World Athletics regulations that female athletes with differences in sexual development (DSDs) medically reduce their testosterone levels. The verdict of the Grand Chamber, part of the European Court of Human Rights, does not set aside these rules.
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.
Semenya, 34, is not seeking a return to the track and has turned to coaching, but says she is carrying on the fight for other DSD athletes, who she says are discriminated against. The verdict, which does not give opinion on the fairness of the regulations, opens the door for her to continue her challenge to the regulations, which she says are discriminatory.
World Athletics have previously denied there is any attempt to discriminate in their regulations. "World Athletics has only ever been interested in protecting the female category. If we don't, then women and young girls will not choose sport,” the sports body said in a previous statement.
“That is, and has always been, the Federation's sole motivation," they went on.
"We remain of the view that the DSD 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."
