Human Rights Court Rules Caster Semenya Was Denied a Fair Trial Over Gender Testing Rules
In a landmark ruling that could reshape the conversation around gender and fairness in sport, the European Court of Human Rights (ECHR) has found that Olympic champion Caster Semenya was denied a fair legal process when she challenged controversial rules requiring female athletes with naturally high testosterone levels to undergo medical treatment in order to compete.
The decision, announced Tuesday, marks a significant victory for the South African middle-distance runner, who has spent more than a decade at the center of a global debate about sex, gender, and inclusion in elite athletics.
Caster Semenya, now 33, first made headlines in 2009 when she won the women’s 800-meter world title as a teenager. Her dominant performance raised questions among officials, and she was subjected to invasive gender verification procedures shortly after her win. What followed was a career marked as much by legal battles as by athletic brilliance.
Semenya, who was assigned female at birth and has identified as a woman her entire life, was born with differences in sex development (DSD), a group of rare conditions that can result in naturally higher levels of testosterone. In 2018, World Athletics—formerly the International Association of Athletics Federations (IAAF)—implemented rules requiring female athletes with certain DSD conditions to lower their testosterone levels through medication or surgery if they wished to compete in certain women’s events, including the 800 meters.
Rather than alter her body to meet the criteria, Semenya chose to challenge the rules in court.
Semenya took her case to the Court of Arbitration for Sport (CAS) in 2019, arguing that the regulations were discriminatory and violated her rights. CAS acknowledged the discriminatory nature of the rules but upheld them, stating that they were necessary to ensure fair competition. The Swiss Federal Supreme Court later backed that decision.
Feeling that her human rights had been violated, Semenya then brought her case to the European Court of Human Rights, alleging that Switzerland failed to protect her rights under the European Convention on Human Rights.
On Tuesday, the ECHR ruled in Semenya’s favor, stating that the Swiss legal system failed to provide her with “sufficient institutional and procedural safeguards.” The judges found that Semenya had not been given a fair opportunity to present her case or have her concerns about the regulations properly heard.
Importantly, the ruling focused on the fairness of the legal process rather than the validity of the testosterone regulations themselves. The court did not rule on whether the science behind the rules was flawed, but instead said Semenya's rights under the convention—specifically the right to privacy and non-discrimination—had not been adequately protected during her legal journey.
Of the seven judges on the panel, four voted in favor of Semenya, while three dissented.
Semenya, who has always maintained that she should be allowed to compete as she is, welcomed the ruling. In a statement, she said: “Justice has spoken. I hope this decision sends a strong message to those who enforce discriminatory practices in sport.”
Her legal team echoed that sentiment, calling the decision a significant win not just for Semenya, but for athletes around the world who face similar challenges. “This judgment is a crucial step toward ensuring that no athlete is forced to choose between their career and their dignity,” they said.
The ruling does not directly overturn World Athletics’ testosterone regulations. In fact, the organization was quick to respond, emphasizing that the court’s decision was about Switzerland’s handling of Semenya’s case—not the rule itself.
In a statement, World Athletics said: “The Court of Human Rights decision does not affect the validity of the DSD regulations, which remain in effect. The ruling is procedural and relates to whether the Swiss courts properly assessed Semenya’s human rights claims.”
That said, the judgment could still have far-reaching implications. Legal experts say it could open the door for more athletes to challenge the rules, not just on scientific grounds but also on the basis of human rights.
“There’s a growing recognition that sports governance can no longer operate in a vacuum,” said Sarah Terlingen, a human rights lawyer who has followed the case. “Athletes are people first, and their rights must be respected—on and off the field.”
The debate over testosterone regulations has sharply divided the world of sport. Proponents argue that elevated testosterone levels can give athletes an unfair advantage, particularly in speed and strength events. Opponents counter that the rules target a small group of women, many of them from the Global South, and are based on incomplete science.
Critics also argue that requiring athletes to undergo medical interventions to compete in the category they’ve always competed in is both ethically questionable and potentially harmful.
Semenya has been outspoken about the impact the regulations have had on her life and career. “They want to change my body to make other people comfortable,” she once said in an interview. “But this is who I am.”
Since refusing to comply with the testosterone-lowering rules, Semenya has been effectively barred from competing in her strongest events. She attempted to qualify for the Tokyo Olympics in the 5,000 meters, a race not covered by the DSD rules, but did not make the cut. Her absence from international competition has been deeply felt by fans and fellow athletes alike.
Despite the setbacks, Semenya has continued to train, speak out, and pursue justice through legal means. Her fight, she has said, is not just about medals, but about fairness and freedom.
While the ECHR ruling does not immediately change the landscape of international athletics, it does send a clear signal: sports federations must consider not only fairness in competition but fairness in how they treat athletes as individuals.
Semenya’s case, long a flashpoint in the debate about gender in sport, is likely to remain in the spotlight. And with the backing of one of Europe’s highest courts, her fight has gained a powerful new ally.
As the world of sport continues to grapple with complex questions of identity, performance, and fairness, one thing is certain: Caster Semenya has helped ensure that the voices of athletes like her will no longer be so easily ignored.